What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed by Applicant to reverse Finding of Fact regarding rebuttal of schedule rating and permanent and total disability award
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Reconsideration / removalDefendant prevailedlumbar spine · right hip
The Applicant's petition failed to cite specific record evidence, relied on subjective complaints without medical support, and misrepresented the findings; the WCJ's report was adopted and the petition denied.
From the decision · page 4Applicant's Petition for Reconsideration seeks an order reversing the Finding of Fact that the Applicant has not rebutted the schedule rating and an award of permanent and total disability. As the Applicant has not sought reconsideration on the Findings that the Applicant failed to demonstrate industrial injury to the lumbar spine, that determination is considered final. (See: Labor Code section 5904.) The Applicant's petition incorrectly asserts the undersigned failed to evaluate the vocational and testimonial evidence presented by the Applicant and provides no statutory, regulatory or case law authority to support the assertions made. As the Applicant's assertions at trial and on Reconsideration are based entirely on the Applicant's subjective complaints without any medical support the undersigned recommends Reconsideration be denied.