Authorities as the decision cited them, with how this panel applied each one.
Almaraz v. Environmental Recovery Services (2009) 74 Cal.Comp.Cases 1127 (en banc); Milpitas Unified School District v. Workers' Comp. Appeals Bd. (Guzman) (2010) 187 Cal.App.4th 808
Almaraz/Guzman standard for rebutting scheduled permanent disability rating by establishing another chapter, table, or method within the AMA Guides most accurately reflects the injured employee's impairment
Dr. Newton's rating using Table 13-16 for chronic regional pain syndrome was properly relied upon as it most accurately reflects applicant's impairment
From the decision · page 3In Almaraz v. Environmental Recovery Services (2009) 74 Cal.Comp.Cases 1127 (Appeals Board en banc) (commonly known as, and hereinafter referred to as Almaraz II ), we held that a “scheduled permanent disability rating may be rebutted by successfully challenging the component element of that rating relating to the employee’s WPI under the AMA
Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604 (en banc)
Apportionment opinion must constitute substantial medical evidence by setting forth reasoning behind physician's opinion, describing in detail the exact nature of the apportionable disability, and setting forth the basis for the opinion
Dr. Newton's apportionment opinion lacked substantial medical evidence as it did not explain how and why non-industrial conditions contributed to permanent disability
From the decision · page 4While it is now well established that one may properly apportion to pathology and asymptomatic prior conditions (see, e.g. Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 617 [Appeals Bd. en banc]), an apportionment opinion must still constitute substantial medical evidence. As we explained in Escobedo:
Lab. Code, § 4650, subd. (b)(1); Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550 (en banc)
Permanent disability indemnity liability commences after the last payment of temporary disability indemnity
Permanent disability indemnity payments payable after last payment of temporary disability indemnity
From the decision · page 5With regard to the permanent total disability start date, as correctly noted by the WCJ in the Report (p. 4), permanent disability indemnity liability commences after the last payment of temporary disability indemnity. (Lab. Code, § 4650, subd. (b)(1); Brower v. David Jones Construction (2014) 79 Cal.Comp.Cases 550, 560-562 [Appeals Bd. en banc].)