What the panel treated as outcome-determinative, and which side it favoured.
Applicant became permanent and stationary on February 15, 2018 based on Dr. Isono's reports and lack of contrary evidence.
Favours Applicant prevailed
This fact established the date for permanent disability and related benefits.
From the decision · page 4PERMANENT AND STATIONARY DATE
Applicant claims she reached permanent and stationary status on February 15, 2018 and Defendant
contends it happened on January 7, 2020.
Dr. Isono's impairment ratings and apportionment findings supported a 51% permanent disability award.
Favours Applicant prevailed
These findings formed the basis for the permanent disability award.
From the decision · page 4For the left knee, Dr. Isono provided impairment based on the strict rating. This would be 10%
WPI for arthritis and 4% WPI for DRE partial medial and lateral meniscectomies. Then he used
Almaraz/Guzman and found 17% WPI considering arthritis and DRE as well as an average of gait
derangement, muscle atrophy, and muscle strength. Dr. Isono indicated this was the most accurate
assessment of the total level of impairment. Dr. Isono reasoned that from a biomechanical and
anatomic standpoint these impairments are interrelated but not subsumed by each other. Dr. Isono
found apportionment and attributed 25% of the disability to preexisting degenerative joint disease
and 75% to the industrial injury. Dr. Isono explained the degenerative joint disease was shown on
the-rays in July 2014 and severe medial compartment degenerative joint disease was shown on the
MRI in May 2015. Dr. Isono explained there was arthritis was in all three compartments and opined
that degenerative joint disease is non-industrial condition related to aging. (Joint Exhibit DD)
Applicant is entitled to a 15% permanent disability increase unless employer has fewer than 50 employees, which requires further development.
Favours Applicant prevailed
This fact affects the calculation of the permanent disability award.
From the decision · page 5An injured employee is entitled to an increase in permanent disability by 15% after the first 60
days, if the injury causes permanent disability and the employer fails to make an offer of regular,
modified, or alternative work, and the employer has at least 50 employees. Labor Code section
4658(d).
Applicant is entitled to the supplemental job displacement voucher due to permanent partial disability and no offer of return to work.
Favours Applicant prevailed
This fact supports vocational rehabilitation benefits.
From the decision · page 6An injured employee is entitled to a supplemental job displacement benefit if the injury causes
permanent partial disability and the employer fails to make an offer of regular, modified, or
alternative work. Labor Code section 4658.7(b).