What the panel ordered
The WCAB affirms the WCJ's January 10, 2025 First Amended Findings and Award after Order Setting Aside, denying reconsideration for defendant.
Applicant sought reconsideration of the WCJ's First Amended Findings and Award after Order Setting Aside issued January 10, 2025. The WCAB granted reconsideration, studied the issues, and now affirms the WCJ's decision.
This docket was decided more than once. Shown here is the latest released decision; we also hold September 9, 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.
The WCJ found, and the WCAB affirmed, that the evidence supports adding impairments for both knees under Kite and Vigil, and that defendant did not meet its burden of proof for apportionment to non-industrial or prior industrial factors, as Dr. Graham's opinions were not substantial evidence.
From the decision · page 1Applicant seeks reconsideration of the First Amended Findings and Award after Order Setting Aside issued on January 10, 2025 by the workers' compensation administrative law judge (WCJ). Therein, the WCJ found, based on the parties' stipulation, that applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to his bilateral knees while employed as a heavy equipment mechanic, during the period from May 12, 2021 to May 12, 2022. The WCJ further found that the injury herein caused 66% permanent disability; that the evidence in this case is consistent with Kite and Vigil and, therefore, impairment in the right and left knees is added; and that there is no legal basis for apportionment.