What the panel ordered
Findings of Fact and Award affirmed except amended to defer the issues of apportionment of applicant's right knee disability, permanent disability caused by applicant's injury, and attorney fees; matter returned to WCJ for further proceedings.
Applicant sought reconsideration of the WCJ's Findings of Fact and Award dated March 13, 2023, regarding apportionment and permanent disability of the right knee; the WCAB granted reconsideration to further study the issues.
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.
Dr. Craemer's opinion on apportionment did not constitute substantial evidence because he failed to explain the basis for attributing 50% of the right knee disability to the 2013 injury and 50% to cumulative trauma; the issue is deferred for further development of the record.
From the decision · page 3Marshalls (2005) 70 Cal.Comp.Cases 604 (Appeals Board en banc).) Also, the physician must explain the nature of the other factors, how and why those factors are causing permanent disability at the time of the evaluation, and how and why those factors are responsible for the percentage of disability assigned by the physician. (Id. at 621.) Here, when addressing apportionment of applicant's right knee disability Dr. Craemer stated, "For the right knee, apportionment is 50% to the 6/9/13 injury and 50% to the continuous trauma." (Joint Exh. 1, p. 17.) However, he did not identify the factors of permanent disability