Veteran Boxer & Gerson attorney Arjuna Farnsworth had an article accepted and published in the most recent issue of Workers’ Compensation Quarterly, the highly regarded professional journal of the California State Bar Workers’ Compensation Section. Entitled, “Proving Permanent Disability: The Applicant’s Attorney’s Burden,” the article reviewed the many complex factors in play when an injured worker’s injuries may lead to a judgement of total disability.
One key factor which Farnsworth discusses in some depth is whether the worker is capable of benefiting from participation in a vocational rehabilitation program. This raises many questions of the worker’s capacity, not only from the standpoint of any pain that limits his or her activities, but also in the taking of medication to help control the pain, which may come with side effects that make work difficult to sustain. Farnsworth suggests that only “careful and deliberate development of the medical record,” including “medical evidence of work capacity loss and functional loss” will suffice in obtaining a just verdict.
The article concludes: “If this all sounds hard—that’s because it is!…However, the reward of knowing you are helping truly needful and deserving people inspires and compensates for all the hard work.”