A workers' compensation judge recently awarded a Southern California applicant $1.2 million for permanent total disability under the 1997 Schedule for Rating Permanent Disabilities. The applicant, a detention service supervisor in the juvenile system, had hypertensive coronary heart disease, cerebral vascular accident and neuropsychological sequelae. Defendant had unsuccessfully argued that the applicant was not 100 percent permanently totally disabled; alternatively, if applicant was permanently totally disabled, there should have been apportionment to non-industrial causes. The case is Lee Smith v. County of Los Angeles Department of Probation.
For a copy of the Findings & Award, contact me at Robin.E.Kobayashi@lexisnexis.com