LeBoeuf, Ogilvie, and Dahl: Defendant Musings on Establishing Permanent Disability Ratings
JANET ZAMECKI, ESQ. BARRY LESCH, ESQ.
A reading and rereading of the recent decision in Contra Costa County v. WCAB (Dahl)1 and as a matter of need going back and looking over its progenitors, LeBoeuf v. WCAB2 and Ogilvie v. WCAB,3 might set off a moderately severe episode of post-traumatic stress for those of us in the workers’ compensation community as we once again confront the fearful fact that we have no clear idea of what the interaction is between permanent disability and the ability to be rehabilitated. Rereading those sage words we are struck by how elusive a concept it is, akin to catching a child’s soap bubbles, although the courts may think they nailed it down for the rest of us in their confident rhetoric.