What the panel ordered
Petition for Reconsideration granted; August 24, 2021 Findings of Fact rescinded; matter returned to trial level for further proceedings consistent with Opinion After Reconsideration.
Petition for Reconsideration filed by applicant from the August 24, 2021 Findings of Fact denying Supplemental Job Displacement Benefit voucher due to no substantial medical evidence of permanent partial disability; WCJ recommended denial of Petition; WCAB rescinded August 24, 2021 Findings and returned matter to trial level for further proceedings.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.
Dr. Davidson's Almaraz/Guzman analysis was found to be substantial medical evidence supporting permanent partial disability, contrary to the WCJ's initial rejection; applicant's resignation does not affect entitlement; defendant bears burden to prove offer of alternative work.
From the decision · page 2The parties utilized Dr. Davidson as the PQME. Dr. Davidson issued a report dated December 3, 2019 in which he found that applicant sustained 0% permanent disability on a strict AMA Guides analysis and further provided an Almarez/Guzman [sic] analysis opining that applicant sustained 10% impairment. Dr. Davidson did not provide a Physicians Return to Work form and defendant did not provide an offer of alternative or modified work. The parties ultimately settled the case in chief via Compromise & Release on September 9, 2020.