What the panel ordered
Petitions for reconsideration granted; permanent disability increased to 77% without apportionment; average weekly wage affirmed; no improper ex parte communications found.
Petitions for reconsideration filed by applicant and defendant regarding WCJ's Joint Findings, Award Order of August 2, 2024; Appeals Board granted reconsideration and amended the decision.
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 Appeals Board affirmed the WCJ's calculation of average weekly wage considering breaks in employment and prior lower wages.
From the decision · page 2As explained below, we will grant reconsideration and amend the WCJ's decision to find applicant entitled to an unapportioned award of 77% permanent disability. Although we agree that there were no improper ex parte communications, after reviewing the record, we find that there is no substantial medical evidence of apportionment. We will affirm the WCJ's findings regarding applicant's average weekly wage.