What the panel ordered
Petition for Reconsideration denied, affirming 11% permanent partial disability with no apportionment.
Defendant sought reconsideration of the Findings and Award issued by the WCJ on August 15, 2023, which found injury AOE/COE, 11% permanent partial disability, and no legal apportionment.
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 knee
Dr. Elias's opinion on 80% apportionment to preexisting degenerative changes was not substantial evidence because he failed to explain the nature and impact of the degenerative disease, so defendant did not meet burden of proof for apportionment.
From the decision · page 1Defendant contends that the opinions of orthopedic qualified medical examiner (QME) Ramy Elias, M.D., as stated in his January 23, 2023 report, are substantial evidence that 80% of applicant's right knee permanent partial disability is the result of pre-existing degenerative changes, and based thereon applicant is entitled to an award of 2% permanent partial disability, after apportionment.