What the panel ordered
Petition for Reconsideration granted; WCJ's Findings and Award of August 25, 2023 affirmed except amended to delete the finding that there was no Almaraz/Guzman adjustment of permanent disability.
Defendant sought reconsideration of the WCJ's Findings and Award of August 25, 2023; WCJ filed a Report and Recommendation on Petition for Reconsideration; WCAB granted reconsideration and amended the decision to delete a finding regarding the Almaraz/Guzman adjustment but affirmed the permanent disability finding.
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 WCAB affirmed the 33% permanent disability rating based on Dr. Falkinstein's opinion that the 21% whole person impairment rating under DRE Category IV, adjusted for apportionment and other factors, most accurately reflected the applicant's impairment, consistent with Almaraz/Guzman principles.
From the decision · page 3Dr. Falkinstein clearly explains in his deposition testimony and in his report why 21% whole person impairment derived from DRE Category IV most accurately reflects applicant's impairment. This whole person impairment adjusts to 33% permanent disability, after apportionment.