Nilsen vs. Vista Ford (78 Cal. Comp. Cases 722): Injured Worker awarded 100% permanently disabled due to chronic pain

Court of Appeal, Second District, May 10, 2012

Defendant argued that the permanent disability for chronic pain should be apportioned as found by the orthopedic panel qualified medical evaluator.  The rheumatology panel qualified medical examiner and psychiatric found 100% permanent total disability due to the injured worker’s chronic pain, psychological condition and other symptoms related to chronic pain.  Rowen, Gurvey & Win argued that the chronic pain and the need for use of narcotic medication was enough to result in a permanent total disability with no apportionment as the chronic pain issues could not be apportioned to any other cause.