What the panel ordered
WCAB affirms the October 19, 2021 Findings and Awards in both ADJ11207109 and ADJ11207111, upholding the 50% apportionment to nonindustrial factors by the QME and WCJ
Petition for Reconsideration filed by applicant challenging apportionment opinion of QME; WCJ decisions issued October 19, 2021; WCAB issued Decision After Reconsideration affirming WCJ decisions
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 WCAB found the QME's apportionment opinion to be substantial evidence based on the QME's clinical evaluation, medical expertise, and explanation of obesity as a nonindustrial factor causing permanent disability, thus affirming the 50% apportionment to nonindustrial factors.
From the decision · page 3QME Dr. Kenly has evaluated the applicant and issued four reports. In his initial report of February 5, 2019, Dr. Kenly reviewed the submitted medical records and documented his clinical evaluation of applicant. The QME's report identifies both industrial causation and resulting permanent disability. (Ex. 1, Report of Michael Kenly, M.D., dated February 5, 2019, at p. 10.) With respect to apportionment, the QME states: