FRANCISCA BERMEJO vs. JORGE CASTRO FARMS, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP
This case involves Francisca Bermejo's claim for workers' compensation after a lumbar spine injury sustained while picking strawberries. Ms. Bermejo sought 100% permanent disability, arguing vocational evidence established total loss of earning capacity, but the Workers' Compensation Appeals Board (WCAB) affirmed the trial judge's finding of 23% permanent disability. The WCAB found that vocational evidence supporting total disability was insufficient, particularly as it relied on non-industrial factors like limited education and English proficiency. Furthermore, the WCAB clarified that permanent total disability can only be established through impairment ratings under Labor Code section 4660, not through a separate "in accordance with the fact" finding under Labor Code section 4662(b).