What the panel treated as outcome-determinative, and which side it favoured.
Dr. Morello's medical opinions were based on extensive medical records, examinations, and history, providing substantial evidence of injury and impairment.
Favours Applicant prevailed
Supported the finding of injury AOE/COE and permanent disability rating.
From the decision · page 6(Escobedo, supra, at p. 621.)
Here, Dr. Morello opined that "within reasonable medical probability" applicant sustained
an injury AOE/COE to the lumbar spine and right shoulder resulting in a 13% WPI to the lumbar
spine under DRE lumbar category III and a 9% WPI to the right shoulder under the range of motion
(ROM) method. (Exhibit 3, pp. 20, 22.) He outlined various studies, including an April 18, 2022
EMG, and an April 8, 2022 lumbar MRI, which confirmed bilateral radicular pain at the L5-S1
regions and a history of a herniated disc. (Id. at p. 22.) He noted also that applicant qualified "for
the higher DRE rating due to the impact" of the injury on applicant's ability "to perform activities
of daily living [ADLs]." (Ibid.) Further clarification regarding the specific ADLs affected were
provided during a June 6, 2024 deposition. (Exhibit 9, pp. 21:2-22:24.) With respect to the right
shoulder, Dr.
Applicant's reported difficulties with specific ADLs due to lumbar and right shoulder impairments.
Favours Applicant prevailed
Supported the use of the addition method over the combined values chart for impairment rating.
From the decision · page 8Here, Dr. Morello outlined a number of ADLs affected by applicant's lumbar and right
shoulder impairments, including: difficulty with using the restroom and cleaning herself
afterwards, washing her feet and back, trimming toenails, putting on clothing, socks, and shoes,
combing her hair, lifting, carrying, walking on flat or uneven ground or surfaces, standing, sitting,
climbing stairs or ladders, running, crawling, squatting, kneeling, and twisting or bending at the
waist. (Exhibit 9, pp. 21:20-22:4.) Regarding the right arm specifically, applicant noted difficulties
with balancing, reaching, working at heights, doing shoulder level work, pushing, pulling, opening
jars, lifting heavy pots and pans, cleaning windows and mirrors, mopping, sweeping, vacuuming,
scrubbing, riding in a car for longer than 30 minutes, and sleeping on the right side. (Id. at p. 22:4-
18.)
WCJ's error in rating lumbar spine impairments was corrected to reduce permanent disability rating from 78% to 73%.
Favours Defendant prevailed
Resulted in amendment of permanent disability rating and attorney's fees.
From the decision · page 9Lastly, defendant contends that the WCJ incorrectly rated the lumbar spine by adding the
various ROM/pain add-on, sensory, and motor loss impairments and rating them in one string
rather than separating them into three separate rating strings, combining them, then adding that
figure to the final figure for the right shoulder. (Petition, p. 23.) The WCJ concedes that she made
an error in rating the lumbar spine and agrees that the final rating should reflect a 73% rather than
78% permanent disability based upon defendant's method.