What the panel ordered
Petition for reconsideration granted; WCJ decision amended to find 78% permanent disability; life pension rate set at $64.50 per week; issue of penalties deferred.
Applicant sought reconsideration of a WCJ Findings and Award of March 23, 2022; the WCAB granted reconsideration and amended the decision.
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 prevailedlumbar spine · thoracic spine · left wrist · left hand · gastrointestinal system · xerostomia · opioid induced endocrinopathy
The WCJ erred in the calculation of permanent disability and in not incorporating Dr. Betoushana's range of motion and lifting impairment findings; the WCAB corrected the calculation and found 78% permanent disability.
From the decision · page 2We note that there is an error in the calculation of permanent disability in the WCJ's decision. The WCJ awards 80% permanent disability, with the following calculation of permanent disability appearing on page 8 of the Opinion on Decision: 35C23=64+9=73C13=77C9=79C6=80 [Emphasis added.]