What the panel ordered
Findings of Fact and Order issued April 30, 2024, rescinded; matter returned to trial level for further proceedings.
Petition for Reconsideration granted; prior Findings of Fact and Order rescinded; matter returned to trial level for further proceedings.
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.
Discrimination under Labor Code §132aRemandedcervical spine · lumbar spine · left knee
The Board found that the WCJ erroneously applied the Combined Values Chart and apportionment in calculating the permanent disability threshold, requiring further medical evidence to determine the accurate method of combining impairments and application of the adjustment factor.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact and Order (F&O) issued on April 30, 2024, wherein the workers' compensation administrative law judge (WCJ) found that (1) while employed as an investigator by the County of Los Angeles during the period of May 21, 1991 through November 5, 2021, applicant sustained injury to the cervical spine, lumbar spine, and left knee, with Whole Person Impairment (WPI) before application of the Labor Code Section 4660.1(b)1 1.4 adjustment factor, adjustment for occupation and age of 7 percent for the cervical spine, 7 percent for the lumbar spine, and 12 percent for the left knee, and WPI after application of the adjustment factor of 10 percent for the cervical spine, 10 percent for the lumbar spine, and 17 percent for the left knee, and with apportionment of the neck disability of 10 percent and the left knee disability of 75 percent; (2) applicant's subsequent permanent disability excluding apportionment amounts to 10 percent for the cervical spine, 10 percent for the lumbar spine, and 17 percent for the left knee; and (3) the subsequent permanent disability of the cervical spine, lumbar spine, and left knee are added and amount to 37 percent, establishing the 35 percent threshold for entitlement to SIBTF benefits under section 4751(b).