What the panel ordered
Petition for Reconsideration deniedp. 5
Applicant petitioned for reconsideration of WCJ Findings of Fact, Award, and Order dated September 27, 2022
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.
ApportionmentDefendant prevailedlumbar spine
Applicant’s request for 35% PD indemnity minus prior dollar amount is inconsistent with Lab. Code § 4664 apportionment as interpreted in Brodie; subtraction method uses percentage of disability, not monetary value
From the decision · page 4with Lab. Code, § 4664 apportionment as interpreted in Brodie. ” (Report, p. 3.)
WCAB adopts WCJ Report and denies reconsideration for reasons stated therein