Workers’ Compensation · Primary-source case analysis

Costa: Parties May Offer Evidence Rebutting the Permanent-Disability Schedule

By Aneeta Mishra and Timothy Chan

Published April 28, 2026

Costa established the procedural foundation for challenging a scheduled permanent-disability rating while rejecting a broad attack on the schedule’s validity.

The worker challenged the new schedule

Joey Costa argued that the 2005 Permanent Disability Rating Schedule was invalid and sought to develop evidence challenging the diminished-future-earning-capacity adjustment.

The schedule remained presumptively valid

The Board concluded that the applicant had not shown the Administrative Director’s adoption of the schedule was invalid. A generalized policy disagreement did not displace the regulatory schedule.

Individual ratings remain rebuttable

Labor Code section 4660 made the schedule prima facie evidence rather than conclusive proof. Parties could present evidence directed to rebutting the proposed rating in a particular case.

Disposition

The Board rejected the facial challenge but confirmed the right to offer rebuttal evidence and the possible allowance of reasonable, necessary costs under standards analogous to medical-legal expenses.

Key takeaways

• Begin with the scheduled rating.
• Identify the case-specific fact said to rebut it.
• Develop admissible evidence rather than a general policy attack.
• Document why expert costs were reasonable when incurred.