What the panel ordered
The Appeals Board rescinded the Findings and Award and returned the matter to the WCJ for further proceedings consistent with the opinion.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on March 10, 2023, challenging the apportionment of permanent disability based on medical reports.
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 Appeals Board found that neither the QME Dr. Geiger's nor the PTP Dr. Hannani's reports constituted substantial evidence on apportionment because they failed to explain how and why nonindustrial factors caused permanent disability at the time of evaluation, thus remanding for further proceedings.
From the decision · page 4Having reviewed the trial record, it appears that neither the reports from QME Dr. Geiger, nor treating physician Dr. Hannani constitute substantial evidence as to the issue of apportionment. For example, Dr. Geiger stated that 35% of the cervical disability and 20% of the lumbar disability was caused by age-related degenerative changes. (Def. Exh. A, p. 51.) Although he referred to numerous medical research articles (see e.g., Def. Exh. A, 42 § 48; Def. Exh. F pp. 49 § 56) at no point in his reports did Dr. Geiger discuss how and why the degenerative changes were causing permanent disability at the time of the evaluation, nor how and why those factors were responsible for the percentage of disability he assigned. (Escobedo v. Marshalls, supra.) Also, as quoted above, Dr. Hannani did not discuss those factors in his report. Thus, the reports from Dr. Geiger and Dr. Hannani are not substantial evidence and in turn, cannot be the basis for determining the disability caused by applicant's cumulative injury. (Lab. Code, § 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274, 281 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312, 317 [35 Cal.Comp.Cases 500].)