Labor Code section 4663 requires a reporting physician to make an apportionment determination and prescribes the standard for apportionment. The Labor Code does not make a statutory provision for “vocational apportionment.”
Vocational evidence may be used to address issues relevant to the determination of PD.
Vocational evidence must address apportionment and may not substitute impermissible “vocational apportionment” in place of otherwise valid medical apportionment.
The recent panel decision, Marva Smith v. Solar Turbines, Inc., ADJ12010500, reads like a crime thriller novel with a dizzying, whirlwind of conspiracy theories postulated