What the panel ordered
Defendant's Petition for Reconsideration denied.
Defendant sought reconsideration of the WCJ Findings and Award of July 6, 2021, which found applicant sustained industrial injury causing temporary and permanent disability without apportionment; WCAB denied the petition for reconsideration.
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 and WCAB majority found that the agreed medical evaluator Dr. Hasday did not sufficiently explain the mechanism and reasoning behind the apportionment percentages, especially given the long asymptomatic period and active physical job of the applicant, thus the defendant did not meet its burden of proof for apportionment.
From the decision · page 1Defendant seeks reconsideration of a workers' compensation administrative law judge (WCJ) Findings and Award of July 6, 2021, wherein it was found that, while employed on December 1, 2017 as a probation officer, applicant sustained industrial injury to his right lower extremity and right hip, causing temporary disability from December 29, 2017 to October 31, 2018, permanent disability of 38%, and the need for further medical treatment. In finding permanent disability of 38%, the WCJ found that defendant did not carry its burden of showing that apportionment of permanent disability was appropriate in this matter.