What the panel ordered
The Board rescinds the WCJ's September 27, 2021 Findings and Award and issues a new Findings and Award granting applicant 57% permanent disability without reduction for apportionment.
Applicant seeks reconsideration of the Findings and Award issued on September 27, 2021, by the WCJ, which found 25% permanent disability after apportionment. The WCJ filed a Report and Recommendation on Petition for Reconsideration recommending denial of reconsideration. The Board rescinds the WCJ's F&A and issues a new F&A awarding 57% permanent disability without apportionment.
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 Board found that the QME's apportionment opinion did not constitute substantial evidence because it lacked adequate causation analysis, so defendant did not meet burden of proof on apportionment. The Board rescinded the WCJ's apportionment reduction and awarded 57% permanent disability without apportionment.
From the decision · page 1Applicant seeks reconsideration of the "Findings and Award" (F&A) issued on September 27, 2021, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that applicant's permanent disability was 25% after apportionment.