Q: california workers compensation please explain Nunes v WCAB and vocational apportionment.

A: LC 4663 requires a reporting physician to make an apportionment determination and indicates the standard for application of apportionment. There is nothing in the Labor Code that discusses “vocational apportionment.”

Vocational evidence from Vocational rehabilitation experts is sometimes used to assess permanent disability from the view of the real world ability to work rather than the more theoritical disability provided by medical experts.

Vocational evidence must also address apportionment but may not substitute “vocational apportionment” in place of otherwise valid medical apportionment. In work comp the medical evidence is the main source of evidence and vocational expert evidence is more of a supporting role. If your medical and vocational evidence are not congruent, the medical trumps the vocational. No injured worker should ever attempt to represent themselves when these issues are in play.

A: In Nunes v. WCAB, the California Supreme Court clarified that vocational apportionment is permissible in workers' compensation cases. This means that an injured worker's permanent disability benefits can be reduced based on the extent to which their pre-existing condition contributed to the disability. It's essential to consider the legal precedent set by Nunes when assessing cases involving vocational apportionment in California workers' compensation.