What the panel ordered
The WCAB affirmed the Findings of Fact and Award issued by the WCJ on June 2, 2022, denying the defendant's petition for reconsideration.
Defendant sought reconsideration of the Findings of Fact and Award issued by the WCJ on June 2, 2022, which found 30% permanent disability and 20% apportionment to other factors for the neck injury.
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 prevailedright shoulder · neck · cervical spine
The WCJ and WCAB found that the defendant failed to prove overlap of disability under section 4664 and that apportionment was properly applied under section 4663 based on Dr. Halbridge's medical opinion.
From the decision · page 1Defendant seeks reconsideration of the Findings of Fact and Award (F&A) issued by the workers' compensation administrative law judge (WCJ) on June 2, 2022. By the F&A, the WCJ found that applicant's injury to the right shoulder and neck had caused 30% permanent disability. The WCJ also found that 20% of applicant's disability for the neck was attributable to other factors.