WCAB

We granted Contra Costa County’s (the County) petition for a writ of review, which challenged a Workers’ Compensation Appeals Board’s (the WCAB) decision awarding Doreen Dahl a permanent disability rating of 79 percent. The workers’ compensation judge (the WCJ) initially found, and both parties agree, that Dahl’s permanent disability rating as determined by the California Permanent Disability Rating Schedule (the Schedule) is 59 percent. Dahl sought to rebut that rating, invoking Ogilvie v. Workers’ Comp. Appeals Bd. (2011) 197 Cal.App.4th 1262 [ 129 Cal.Rptr.3d 704 ] (Ogilvie). Ogilvie held that there are only three ways in which the scheduled rating for an injured employee may permissibly be rebutted. Dahl sought to invoke the second method approved in Ogilvie (the “LeBoeuf method”)* under which the employee shows she “will have a greater loss of future earnings than reflected in a rating because, due to the industrial injury, the employee is not amenable to rehabilitation.” (Ogilvie, supra, 197 Cal.App.4th at p. 1275 .) Dahl’s “rebuttal,” however, included no evidence that the industrial injuries she sustained to her neck and shoulder rendered her incapable of…