ADJ9081819 — California WCAB decision

What the panel ordered

Petition for Reconsideration denied by WCAB on July 21, 2025, affirming WCJ's Findings and Award.

Petition for Reconsideration filed by defendant seeking review of the WCJ Findings and Award issued April 14, 2025, regarding injury and apportionment; WCAB denies reconsideration on July 21, 2025.

Read the official 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.

ApportionmentApplicant prevailedlumbar spine

The surgery was the sole cause of the current disability and no apportionment is merited under current law, as supported by the medical opinions and legal precedent.

From the decision · page 72. The Determination Regarding Apportionment of Permanent Disability Is Correctly Based on the Cause of Disability.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The anterior lumbar interbody cage fusion surgery is the sole cause of the complete loss of motion in the spinal segment causing disability.

What the panel did with the medical opinions

The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.

QMERejected · Orthopedic

Found impairment due to interbody cage fusion surgery at L5-S1 causing lumbar spine DRE Category IV with 22% whole person impairment; opined 10% apportionment to degenerative changes, 45% to current injury, 45% to 2011 injury but considered surgery unnecessary and worsening condition due to surgery.

The opinion on apportionment did not comply with current law as the surgery was the sole cause of disability.

From the decision · page 51. Following trial, the undersigned found injury to the lumbar spine, thoracic spine and right hip. No permanent disability was found to the right hip or thoracic spine. The Findings and Award included a final rating of 38% permanent disability to the lumbar spine with no apportionment. 2. The undersigned found the Orthopedic QME Dr. Ralph Steiger more credible and persuasive. Dr. Steiger found impairment due specifically to the interbody cage fusion at L5-S1 surgery post injury, which he determined merited Lumbar Spine DRE Category IV with 22 whole person impairment.

PTPRelied upon

Surgeon for interbody cage fusion at L5-S1; found permanent disability based on DRE Category IV due to loss of motion segment integrity following surgical fusion.

Agreed surgery caused the disability and supported no apportionment.

From the decision · page 64. Dr. Michael Schiffman was the designated primary treating physician as well as the surgeon for the interbody cage fusion at L5-S1 post-injury, which occurred on 10- 23-2017. The surgery was authorized by defendants. Dr. Schiffman also found permanent disability based on DRE Category IV: "He meets the criteria for this category based on loss of motion segment integrity following surgical fusion." Exhibit 43, Schiffman Report 4-23-24 P.4-5.

AMENot substantial evidence · Orthopedic

Orthopedic AME report rated prior injury at 19% permanent disability; prior injury settled by Compromise and Release.

ADJ9081819 · July 21, 2025

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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What the panel did with the medical opinions

The rules the panel named

What proof carried it

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