What the panel ordered
The Appeals Board granted reconsideration, rescinded the January 15, 2025 Amended Findings and Award, and issued a substituted decision affirming the WCJ's findings on injury, average weekly earnings, TTD period, permanent disability, and future medical treatment.
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 relied on the applicant's 2015 IRS tax form 1099 to determine average weekly earnings as it reflected a full year's earnings and was more reliable than weekly payroll records.
The WCJ credited the QME Dr. Jebraili's opinion and the applicant's undisputed testimony of being off work for 10 months, finding the period of TTD from January 19, 2017 to January 3, 2018 supported by substantial evidence.
From the decision · page 5We also note that while the QME did opine to applicant's period of temporary disability in his April 6, 2022 report which issued more than four years after applicant's industrial injury, the QME identified the period of temporary disability only after a review of applicant's contemporaneous treatment records with primary treating physician Dr. Pietruszka. (Joint Ex. E, Report of Ramin Jebraili, M.D., dated April 6, 2022, at p. 2; see also Joint Ex. G, Report of Ramin Jebriali, M.D., dated February 23, 2021, at pp. 9-10.) Here again, defendant declined to challenge the QME's opinions regarding the period of temporary disability either by request for supplemental reporting or in deposition. Additionally, the Appeals Board is empowered to choose among conflicting medical reports and rely on that which it deems most persuasive. (Jones v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 476 [33 Cal.Comp.Cases 221].)