Saturday, June 30, 2012
Practical application of Zamora decision
The Zamora decision by the Court of Appeals has left most of the bar questioning how these cases would play out in practice? In other words, what would the Compensation Board do now that there is no requirement that lost time, post classification, be held to have been caused by the previously classified condition? One WCB panel has found that such loss of work post classification is caused by the disability subject to rebuttal. Hence this would leave some to believe, although not required as a presumption, each panel can and some have maintained such a presumption should be followed. The hope is that although not required, the rest of the wcb will follow suit.