What the panel ordered
Petition for Reconsideration denied.
Defendant seeks reconsideration of the Joint Amended Findings and Award issued by a WCJ on May 7, 2025, challenging the apportionment analysis and combined award.
This docket was decided more than once. Shown here is the latest released decision; we also hold September 23, 2024, September 23, 2022.
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.
The WCJ and WCAB found that Dr. Hasday's apportionment analysis addressed impairment and causation of injury rather than apportionment of disability as required by Labor Code section 4663, thus it was not substantial evidence. The combined award for 100% permanent total disability without apportionment was upheld.
From the decision · page 1Defendant seeks reconsideration of the Joint Amended Findings and Award (F&A) issued by a workers' compensation administrative law judge (WCJ) on May 7, 2025, wherein the WCJ found in pertinent part: that as to the issue of apportionment pursuant to Labor Code section 4663, agreed medical evaluator (AME) Dr. Hasday's opinion does not constitute substantial evidence; that applicant is entitled to an un-apportioned combined award; and that in accordance with the September 23, 2022 opinion of the Appeals Board1 and the previous September 8, 2021 Findings and Awards of WCJ Devine, applicant is 100% permanently totally disabled on an industrial basis, without apportionment.