What the panel ordered
The WCAB granted reconsideration, affirmed the Findings of Fact and Award except amended to defer the issues of permanent partial disability and attorney fees, and returned the matter to the WCJ for further proceedings.
Applicant sought reconsideration of the Findings of Fact and Award issued by the WCJ on April 9, 2021, which found injury and permanent partial disability; the WCAB granted reconsideration and deferred the issues of permanent partial disability and attorney fees for further proceedings.
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 AME Dr. Newton's apportionment opinion was found not substantial evidence because he failed to adequately explain the nature of pre-existing conditions, their contribution to disability, and the basis for the assigned apportionment percentages. Therefore, the WCAB deferred the issue of permanent partial disability and apportionment for further development.
From the decision · page 1Applicant seeks reconsideration of the Findings of Fact and Award (F&A), issued by the workers' compensation administrative law judge (WCJ) on April 9, 2021, wherein the WCJ found in pertinent part that applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to her cervical spine, right shoulder, lumbar spine, and left ankle, and that the injury caused 33% permanent partial disability.