ADJ12075922 — California WCAB decision

What the panel ordered

Petition for reconsideration denied.

Defendant sought reconsideration of the Findings of Fact and Award issued by the WCJ on June 13, 2025, which the WCAB denied.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold September 8, 2023.

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 knee · right knee · lower back · left hip

The WCJ's finding of 69% permanent disability based on Dr. Mandell's AME reports was upheld as supported by substantial evidence, and penalties were affirmed for defendant's unreasonable delay in payment of temporary and permanent disability indemnity.

From the decision · page 1Defendant seeks reconsideration of the Findings of Fact and Award (F&A) issued by the workers compensation administrative law judge (WCJ) on June 13, 2025, wherein the WCJ found, in relevant part, that applicant sustained injury arising out of and in the course of employment to his left knee, right knee, lower back, and left hip resulting in an award of 69% permanent disability based on the medical reporting agreed medical evaluator (AME) Dr. Peter Mandell, M.D. The WCJ also found that defendant unreasonably delayed or refused payment of partial permanent and temporary disability indemnity compensation and issued two penalties for defendant's unreasonable delay of payment of compensation pursuant to Labor Code1 section 5814.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Dr. Mandell's AME reports found 15% whole person impairment for each knee due to varus deformity and recommended adding the knee impairments rather than combining them.

Favours Applicant prevailed

This medical opinion was relied upon by the WCJ as substantial evidence to support the 69% permanent disability rating.

From the decision · page 9The medical evidence was four AME reports from Peter Mandell, M.D. (joint exhibits 1-4) and Dr. Mandell's deposition transcript (joint exhibit 5). I did a detailed summary of the exhibits in the Opinion on Decision. The parties chose Peter Mandell, M.D., an orthopedic surgeon, as their agreed medical evaluator. Dr. Mandell stated that applicant injured his low back and both knees. [WCJ Gogerman previously found injury to the lumbar spine, left knee and right hip in his December 14, 2022 Findings of Fact and Order.] Defendant challenged Dr. Mandell's permanent disability opinion by supplemental report and at deposition. Dr. Mandell opined that applicant's permanent disability was 15% WPI for each knee based on Table 17-10 page 537 of the AMA Guides for varus deformity. Defendant maintained that the AMA Guides mandated the evaluating physician to take several measurements of the varus deformity and Dr. Mandell only took one measurement of the varus deformity. Dr.

Defendant unreasonably delayed payment of temporary disability indemnity from May 9, 2023 to October 19, 2023, despite the amount being knowable and easily calculated.

Favours Applicant prevailed

This delay justified the award of penalties under Labor Code section 5814 in favor of the applicant.

Defendant failed to commence permanent disability indemnity payments retroactive to the permanent and stationary date of October 30, 2022, causing a delay of 64 weeks of payments.

Favours Applicant prevailed

This failure constituted an unreasonable delay under Labor Code section 4650 and justified penalties.

ADJ12075922 · September 12, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

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