City of Jackson v. WCAB

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The Court of Appeal granted the writ application of the employer, City of Jackson (City), after the Workers’ Compensation Appeals Board (Board) disregarded the apportionment determination of the qualified medical evaluator (QME) on the ground the determination was not substantial medical evidence and directed the workers’ compensation administrative law judge (ALJ) to make an award of unapportioned disability. The QME concluded that the employee’s disability - neck, shoulder, arm, and hand pain - was caused by cervical degenerative disc disease, and that the disease, in turn, was caused in large part by heredity or genetics. The QME thus assigned causation 49 percent to the employee’s personal history, which included, but was not limited to, the genetic cause of the degenerative disease. The ALJ agreed with the QME’s apportionment, but the Board did not. The Board concluded the QME could not assign causation to genetics because that is an “impermissible immutable factor[].” The Board also concluded that by relying on the employee’s genetic makeup, the QME apportioned the causation of the injury rather than the extent of his disability. Finally, the Board concluded the QME’s determination was not substantial medical evidence. After review, the Court of Appeal disagreed with each of the Board’s conclusions, annulled its order, and remanded with directions to deny reconsideration. View "City of Jackson v. WCAB" on Justia Law