What the panel ordered
The WCAB panel denied the defendant's petition for reconsideration and upheld the WCJ's Findings, Award, and Order.
Defendant filed a petition for reconsideration of the WCJ's Findings, Award, and Order dated February 13, 2026, which was denied by the WCAB panel on May 19, 2026.
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.
The WCJ found that the QME Dr. Hughes did not adequately explain the apportionment of pre-existing conditions to the current impairment as required by Escobedo, and thus rejected the apportionment and rated permanent disability at 76% without apportionment based on Dr. Reiter's opinion.
From the decision · page 3The WCJ's opinion found that apportionment was not appropriately addressed per the standards outlined in Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 611 (en banc) because the physician did not clearly outline the pre-existing conditions nor did he adequately address with particularity how those conditions caused the current impairment. He accepted the QME's opinion that the impairment to the right and left shoulder should be added instead of combined. The WCJ also found that the correct occupational code is 330 based on the job description provided (Defendant's Exhibit A.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
QME Dr. Hughes did not adequately explain how pre-existing conditions caused the current impairment as required by Escobedo.
Favours Applicant prevailed
This failure led the WCJ to reject the apportionment and rate permanent disability at 76% without apportionment.
From the decision · page 3The WCJ's opinion found that apportionment was not appropriately addressed per the standards outlined in Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 611 (en banc) because the physician did not clearly outline the pre-existing conditions nor did he adequately address with particularity how those conditions caused the current impairment. He accepted the QME's opinion that the impairment to the right and left shoulder should be added instead of combined. The WCJ also found that the correct occupational code is 330 based on the job description provided (Defendant's Exhibit A.)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Provided two reports assessing permanent impairment and apportionment percentages for right shoulder, left knee, and right knee, but did not adequately explain the apportionment as required by Escobedo.
Did not specify the 'how and why' to justify apportionment determinations as required by Escobedo.
From the decision · page 1Defendant argues that the Qualified Medical Evaluator (QME) report of Lorenzo Hughes, M.D., dated June 24, 2025, properly addresses and supports apportionment even though the section titled apportionment may fall short; that the record requires development because the QME prematurely found applicant to have reached maximum medical improvement based on a report from applicant's surgeon indicating a year recovery following surgery; and that a supplemental report is required as defendant believes applicant has improved and to provide the QME the opportunity to support his apportionment analysis.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 4663(a), 4664(a); Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604 (en banc)
Apportionment of permanent disability must be based on causation, with the employer liable only for the percentage directly caused by the industrial injury, and medical opinions must explain the 'how and why' of apportionment as required by Escobedo v. Marshalls (2005).
The WCJ applied these standards to reject the QME's apportionment opinion for lack of adequate explanation and to rate permanent disability without apportionment.
From the decision · page 3The WCJ's opinion found that apportionment was not appropriately addressed per the standards outlined in Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 611 (en banc) because the physician did not clearly outline the pre-existing conditions nor did he adequately address with particularity how those conditions caused the current impairment. He accepted the QME's opinion that the impairment to the right and left shoulder should be added instead of combined. The WCJ also found that the correct occupational code is 330 based on the job description provided (Defendant's Exhibit A.)
What proof carried it
The evidence the panel weighed, by kind.
QME Dr. Hughes did not specify the 'how and why' to justify apportionment determinations as required by Escobedo.
From the decision · page 14In the instant case, although Dr. Hughes reviewed several prior medical records, he does not specify the "how and why" pursuant to Escobedo, to justify his apportionment determinations. Specifically, Dr. Hughes's discussion of apportionment of permanent disability is set forth at pp, 25-26 of his report as follows:
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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