What the panel ordered
Findings and Award issued by the WCJ on July 1, 2022 is affirmed except the award is amended to correct the insurer's name to National Liability and Fire Insurance Company and remove Gallagher Bassett.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on July 1, 2022, which found applicant totally disabled pursuant to Labor Code section 4662(a)(4). The WCJ recommended denial of reconsideration except to amend the award to correct the insurer's name.
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 found no history of prior brain injury or seizure disorder and no non-industrial factors, so defendant failed to prove apportionment.
From the decision · page 8As it relates to the issue of apportionment, Dr. Shortz noted there was no history of prior injury to the brain, seizure disorder or other medical conditions, which would indicate the need for apportionment. There are no non-industrial factors to consider. (See Exhibit 7 p. 45). Based on Dr. Shortz's discussion on apportionment the Defendant failed to meet their burden of proof and establish non-industrial apportionment.