What the panel ordered
Order Amending Findings of Fact, Awards and Orders issued May 5, 2020 rescinded; matter returned to trial level for further proceedings consistent with WCAB en banc opinion.
Petition for reconsideration filed by defendant after WCJ's Findings of Fact, Awards and Orders and subsequent amendment; WCJ Report and Recommendation filed; matter before WCAB panel for decision after reconsideration.
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 addition of impairments to both hips was not supported by substantial medical evidence because the QME did not adequately analyze the impact on activities of daily living (ADLs) as required to rebut the Combined Values Chart (CVC). The WCJ misapplied Hikida by excluding apportionment despite successful hip surgeries. Defendant failed to prove apportionment due to lack of substantial evidence from the QME.
From the decision · page 2Defendant seeks reconsideration of the "Rulings on Evidence, Findings of Fact, Awards and Orders" (F&A) issued on April 20, 2020, and the subsequent amendment to the F&A in the "Order Amending Findings of Fact, Awards and Orders; Opinion on Decision" (Order) issued on May 5, 2020, by the workers' compensation administrative law judge (WCJ).4 The WCJ found, in pertinent part, that applicant sustained 68% permanent partial disability by adding the impairment to applicant's left and right hip pursuant to East Bay Municipal Utility District v. Workers' Compensation Appeals Board (Kite) (2013) 78 Cal.Comp.Cases 213 (writ den.). The WCJ further found that apportionment to the hips was not permissible pursuant to Hikida v. Workers' Comp. Appeals Bd. (2017) 12 Cal.App.5th 1249 [82 Cal.Comp.Cases 679] because the disability was caused by hip replacement surgery.