In Wilson v. State of California Department of Forestry and Fire Protection, the WCAB held that multiple factors must be considered by a court making a determination whether an injury is catastrophic and qualifies for an award of permanent disability.

While the WCAB’s identified factors for interpreting Labor Code Section 4660.1(c) provide a roadmap for determining whether an injury is catastrophic, they also invite a surge of new litigation. Every seriously injured worker may be compelled to draw parallels between their own injuries and the board’s broad measures.

Originally published in the Daily Journal on June 10, 2019.