What the panel ordered
Petition for reconsideration denied.
Petition for reconsideration of WCJ Findings and Award of September 30, 2024, denied by WCAB panel decision on January 3, 2025.
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.
ApportionmentDefendant prevailedright hip
The WCJ and WCAB found Dr. Borelli's apportionment opinion on the right hip to be substantial medical evidence and consistent with legal standards, supporting 90% nonindustrial apportionment and 10% industrial causation.
From the decision · page 6As early as 03/26/2019, the patient had moderate degenerative x-ray changes in the right hip and had already undergone a left total hip replacement. These factors indicate that the vast majority of the patient's impairment is due to factors that predate the work injury. Clearly, the degenerative changes seen will inextricably lead to end-stage osteoarthritis in (sic) the need for hip replacement. It is my best clinical estimate that 90% of her right hip and impairment is due to factors that predate the work injury and the remaining 10% is due to the specific work injury. (Exhibit Y2, PQME report of Lawrence Borelli, M.D. dated 3/3/2023, page 17).