What the panel ordered
Defendant's Petition for Reconsideration is denied.
Defendant filed a Petition for Reconsideration of the Findings and Award issued by the WCJ on July 13, 2022.
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 prevailedlow back · right leg · right shoulder
The WCAB found that the QME Dr. Joseph Sclafani's alternative rating using Almaraz/Guzman analogy was substantial evidence supporting a 29% permanent disability rating, rejecting the defendant's contention for a strict rating.
From the decision · page 2Defendant contends that the qualified medical evaluator (QME) Dr. Joseph Sclafani improperly rated applicant's impairment based on a lifting work restriction. This contention is unsupported by the record. Dr. Sclafani found that the strict rating of applicant's impairment "is not commensurate with the applicant's disability" and "does not accurately reflect the impact of this injury on applicant's activities of daily living and work capacity." (Joint Exhibit AA, QME Report by Dr. Joseph Sclafani, February 15, 2022, pp. 6-7.) He explained that "applicant's