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Supreme Court Rejects Fitzpatrick Challenge; Denies Request to Depublish

Well, dear readers, at least we know that 2019 isn’t going to be ALL bad.

The decision in Fitzpatrick, which confirmed for us in a citeable decision by the Court of Appeal that the only ways to 100% PD is through the rateable impairment or presumption of permanent total disability under 4662 (and further foreclosed vocational rehabilitation as a way of reaching 100% PD) will not be disturbed by the California Supreme Court.

The Supreme Court not only rejected an appeal request, but also rejected a request to de-publish the decision.

What does that mean?  It means that 100% PD cases are now harder to get.  It confirms that the legislative (and judicial) intent is to put the kibosh on the voc-rehab-to-PTD route so favored by any applicant intent on early retirement.  It means your humble blogger is pleased – which, when we’re all being honest with each other, should be the end goal of everyone, right?

Anywho, dear readers, you have a wonderful weekend and come back Monday morning for some more of the same!

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