What the panel ordered
Petition for Reconsideration denied, Findings and Award affirmed.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on March 1, 2021, which found applicant sustained injury AOE/COE to left shoulder and awarded 38% permanent partial disability based on QME Dr. Amster's opinions.
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 prevailedleft shoulder
The WCJ and WCAB found Dr. Amster's alternative rating under Almaraz/Guzman to be substantial evidence and a more accurate representation of applicant's functional loss than a strict AMA Guides rating, thus affirming the 38% permanent partial disability award.
From the decision · page 1Defendant seeks reconsideration of the Findings and Award, issued by the workers' compensation administrative law judge (WCJ) on March 1, 2021, wherein the WCJ found in pertinent part that applicant sustained injury arising out of and occurring in the course of employment (AOE/COE) to her left shoulder, that the opinions of pain medicine qualified medical examiner (QME) Michael Amster, M.D., constitute substantial evidence, and that the injury caused 38% permanent partial disability.