What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendants seeking review of August 26, 2022 Findings and Award; petition timely and verified; no answer filed.
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.
Permanent disability ratingApplicant prevailedright shoulder
The QME's Guzman-based right shoulder impairment rating of 10% WPI was found to be supported by substantial evidence, including applicant's reported difficulties with daily activities, and was adopted over the strict AMA Guides rating of 4%.
From the decision · page 3Defendants seek reconsideration of my August 26, 2022, Findings and Award (hereinafter "the F&A"). Therein, I awarded applicant 71 percent permanent partial disability (PPD) based, in part, on right shoulder impairment found by the Qualified Medical Evaluator (QME) pursuant to Milpitas Unified School Dist. v. Workers' Comp. Appeals Bd. (Guzman) (2010) 187 Cal. App. 4th 808 (hereinafter "Guzman"). Petitioners contend that, in doing so, I acted in excess of the Appeals Board's powers; that the evidence does not justify my findings; and that those findings do not justify the award. The petition is timely and verified. An answer has not yet been filed.