Wilson En Banc Decision Takeaways
Brad Wixen, Esq.
Los Angeles, California
On May 10th of this year the Workers’ Compensation Appeals Board issued an en banc decision in the case of Kris Wilson v. State of California; Cal Fire (2019) 84 Cal.Comp. Cases 393.
The decision addressed the "catastrophic injury" exception to Labor Code section 4660.1(c)(2)(B). Simply stated, the holding was that the determination of whether an injury is catastrophic is made by evaluating the nature of the injury through a fact-driven inquiry. This is the first time the WCAB has dealt comprehensively with the scope of that exception. This article is a practitioner’s takeaways from the decision.