What the panel ordered
The Appeals Board denied defendant's Petition for Reconsideration, affirming the WCJ's Findings and Award of a 27% unapportioned permanent disability rating under DRE Category III with a 2% pain add-on, totaling 27%.
Defendant filed a timely Petition for Reconsideration of the WCJ's Findings and Award issued June 10, 2024, which awarded applicant an unapportioned permanent disability of 27%. The WCJ issued a Report and Recommendation to deny the petition, which the Appeals Board adopted and incorporated.
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's 27% permanent disability rating under DRE III with a 2% pain add-on was supported by substantial medical evidence, particularly the well-reasoned report of Dr. Kaisler-the applicant. The apportionment opinions by Dr. Klassen were found conclusory and not substantial evidence under Escobedo, so no apportionment was applied.
From the decision · page 1Defendant seeks reconsideration of the Findings and Award (F&A), issued by the workers' compensation administrative law judge (WCJ) on June 10, 2024, wherein the WCJ found in pertinent part that applicant is entitled to an unapportioned permanent disability award of 27%.