What the panel ordered
The WCAB vacated its prior grant of reconsideration and affirmed the July 16, 2021 Findings and Order denying SIBTF benefits.
Applicant sought reconsideration of the July 16, 2021 Findings and Order by the WCJ denying SIBTF benefits; the WCJ had found no substantial medical evidence of permanent partial disability to the left lower extremity as of the subsequent injury date.
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.
Applicant failed to provide substantial medical evidence of ratable pre-existing permanent partial disability to the left lower extremity as of the subsequent injury date, and the medical opinions relied on were speculative and unsupported by medical records.
From the decision · page 6In the present case, upon review of the entire records, the undersigned found that Dr. Chen's report was not substantial in that it failed to demonstrate by competent evidence that she had ratable pre-existing partial disability to her alleged varicose vein. Further, applicant's testimony at trial was inconsistent with medical records. What applicant reported to her QMEs were also inconsistent with medical history as reviewed by the doctors.