What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant was reviewed by the WCJ and the WCAB panel.
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 QME Dr. Klassen found a period of temporary partial disability during the disputed period, and the employer failed to show work was available or offered, entitling the applicant to temporary total disability payments. The WCJ report found the release by the PA-C was not substantial evidence and the employer failed to properly investigate accommodations or notify the applicant of rights, supporting denial of reconsideration.
From the decision · page 1Contrary to defendant's assertion, we note that orthopaedic panel qualified medical examiner (PQME) Michael Klassen, M.D., found a period of temporary partial disability from November 27, 2019 to April 5, 2020. (Joint Exhibit Y, Dr. Klassen's 8/11/20 report, at p. 10.) If temporary partial disability is such that it effectively prevents an injured employee from performing any duty for which the worker is skilled or there is no showing by the employer that work was available and offered, the wage loss is deemed total and the injured worker is entitled to temporary total disability payments. (Lab. Code, § 4657; Pacific Employers Ins. Co. v. Industrial Acc. Com. (1959) 52 Cal.2d 417, 421 [24 Cal.Comp.Cases 144].)