In Wilson v. State of California Department of Forestry and Fire Protection, the WCAB held that multiple factors must be considered by a court making a determination whether an injury is catastrophic and qualifies for an award of permanent disability.
While the WCAB’s identified factors for interpreting Labor Code Section 4660.1(c) provide a roadmap for determining whether an injury is catastrophic, they also invite a surge of new litigation. Every seriously injured worker may be compelled to draw parallels between their own injuries and the board’s broad measures.
June 10, 2019