New Rating Schedule Is Rebuttable

Costa v. Hardy Diagnostic (2007) 72 Cal. Comp. Cases ____ (en banc):  The WCAB unanimously reaffirmed its prior holding from December 2006 that Labor Code section 4660 continues to allow the parties to present evidence on and/or in rebuttal to a permanent disability rating under the new rating schedule.  WCAB also held that the costs of such evidence may be charged against the defendant under Labor Code section 5811.  The standard for allowing such cases will be by analogy to medical-legal costs – whether such costs are reasonable and necessary at the time they are incurred.

 

Decision issued November 13, 2007.

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