What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed and denied by the Appeals Board after review of the WCJ report.
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.
Temporary disabilityDefendant prevailedleft ankle · right knee · low back
The applicant did not meet the burden of proof for temporary total disability; the PQME report was substantial and found the applicant P&S/MMI with no TTD period.
From the decision · page 6Applicant asserts that the medical evidence that was submitted shows a continuing entitlement to TTD. The undersigned reviewed the evidence and indicated that the applicant did not meet their burden of proof. The party with the affirmative on the issue has the burden of proof. Tyler, McClune and McDuffie does not apply as the PQME report is substantial. The reports submitted by the applicant did not demonstrate a change in the applicant's condition to merit further review by the PQME as the PQME already indicated that the MRI's should be provided under future medical.