What the panel ordered
Petition for Reconsideration denied.
Defendant filed a timely Petition for Reconsideration of the Findings and Award issued on 12/02/2020; the WCAB panel considered the Petition and the WCJ's report and denied the Petition for Reconsideration.
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.
Permanent disability ratingApplicant prevailedneck · back · shoulders · knees · elbows
The WCJ and WCAB found the AME Dr. Lavorgna's opinions to be substantial medical evidence supporting a 100% permanent total disability rating with 85% industrial apportionment and proper addition of impairments rather than combined values chart.
From the decision · page 7Based on my review of the evidence and the relevant law, I find the opinions of Dr. Lavorgna as set forth in his reports and deposition testimony constitute substantial medical evidence. Based on my review of the parties' stipulations, the evidence at trial,and the relevant law, I find applicant sustained industrial injury to his shoulders and knees on 09/25/2016 and sustained industrial injury to his neck, back, shoulders, knees,and elbows during the cumulative trauma injury ending on 09/26/2016.