What the panel ordered
Petition for reconsideration denied, WCJ's decision affirmed.
Defendant filed a timely petition for reconsideration alleging error in the WCJ's Findings of Fact & Award dated March 22, 2023, contesting apportionment of permanent disability.
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 prevailedright eye
The right eye injury was covered under the heart trouble presumption of Labor Code 3212.2 and thus immune from apportionment under Labor Code 4663(e).
From the decision · page 4Dr. Lazar, in his panel qualified medical evaluation report dated August 6, 2021, on page eight, diagnosed the Applicant with "retinal changes consistent with a central retinal artery occlusion of the right eye... [resulting from] a blockage of blood to the retina of one eye." Dr. Lazar noted, on page five of his report, that the Applicant had suffered a ruptured blood vessel in his right eye. In Dr. Lazar's deposition on November 19, 2021, he testified that hypertension increases the chance of having an occlusion in the eye. [7:5-7]