Court of Appeal, Second District,
May 10, 2020
The injured worker received a 100% permanent and total disability award after it was shown that the factors that caused total disability were separate and apart from other pre-existing medical conditions. Defendant contended that the permanent disability associated with chronic pain should be apportioned based on the orthopedic medical evaluator's findings. Rowen, Gurvey & Win was able to prevail upon the court that the chronic pain disability and the effects of medications to treat chronic pain were, in and of themselves, sufficient for a finding of 100% permanent and total disability, with no apportionment.