What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration of the October 9, 2024 Amended Findings of Fact, Award, Orders denied by the WCAB panel on December 19, 2024.
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.
ApportionmentDefendant prevailedright knee
The panel found that apportionment to nonindustrial factors was proper because the total knee replacement surgery was the basis of the impairment, not the injury itself, and there was no new permanent disability caused by the surgery as in Hikida. Dr. Weins's opinion was substantial evidence supporting 60% apportionment to nonindustrial factors.
From the decision · page 5There is no indication that the total knee replacement he received was unsuccessful and resulted in a new permanent disability like in Hikida. Dr. Weins testified in deposition that applicant's permanent disability to his right knee was the result of industrial and nonindustrial preexisting factors. (Report, p. 6.) As such, per Justice, we conclude that apportionment to nonindustrial factors is proper here.