What the panel ordered
Petition for Reconsideration denied; November 9, 2021 Findings and Award affirmed
Petition for Reconsideration filed by defendants State of California, Department of Corrections & Rehabilitation, and State Compensation Insurance Fund, seeking review of the November 9, 2021 Findings and Award
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.
Permanent disability ratingApplicant prevailedneck · upper extremities · lower extremities
Dr. Stone's opinion that the neck and upper extremity impairments should be combined with the lower extremity impairments by simple addition rather than the Combined Values Chart (CVC) is supported as substantial evidence, leading to a 59% permanent disability rating rather than 51%.
From the decision · page 3Defendant has filed a timely, verified Petition for Reconsideration from the Findings & Award of 11/09/2021, listing the usual statutory grounds. The issue is whether QME Dr. Stone's opinion, that the neck and upper extremity impairments should be combined with the lower extremity impairments by simple addition, qualifies as substantial medical evidence. I found that Dr. Stone's opinion in this regard did so qualify. The Petition for Reconsideration is without merit and should be denied.