What the panel ordered
Petition for reconsideration granted; WCJ decision affirmed except amended to remove apportionment and increase permanent disability ratings to 69% and 19% for the two injuries.
Applicant sought reconsideration of a WCJ Joint Findings and Award and Order dated January 11, 2024, challenging findings on injury causation and apportionment.
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.
ApportionmentApplicant prevailedneck · right shoulder · right ankle · right foot
The WCJ found that the apportionment opinions by Dr. Newton and Dr. Sommer lacked sufficient explanation and detail to constitute substantial medical evidence, so apportionment was removed and permanent disability ratings increased accordingly.
From the decision · page 4Here neither Dr. Newton nor Dr. Sommer explained in the requisite detail "how and why" non-industrial conditions were contributing to applicant's permanent disability and did not adequately explain the level of apportionment decided upon. We therefore amend the decision to reflect that applicant is entitled to unapportioned awards of permanent disability in both cases.