WCAB En Banc Decision Reversed by Court

The California 1st District Court of Appeal Friday reversed and remanded the Workers' Compensation Appeals Board's en banc decision in City and County of San Francisco v. WCAB (Ogilvie).

“This is a significant development,” explained Steve Young, IBA West General Counsel, “This action sends the case back to the trier of fact.” At issue in this case is whether or not the AMA guidelines used to determine permanent disability are rebuttable.

Industry experts see this as a positive decision that preserved the reforms enacted by the legislature in 2004.

The Court of Appeal’s decision in Ogilvie reaffirms what the Legislature intended when the SB 899 reforms were enacted. As we move forward, we hope that all participants in the workers’ compensation system will understand that the law should be followed, not circumvented, and we can refocus on what truly needs to be improved in the system – benefit levels, administrative efficiency, and reducing litigation,” Mark E. Webb, Vice President and Assistant General Counsel, Pacific Compensation Insurance Company