Martinez, Antonio

Antonio Martinez sustained an admitted specific injury on August 27, 2010 to his cervical, thoracic, and lumbar spine while working for Baroda Farms. The WCJ found 66% permanent partial disability without apportionment and applied an increased PD rate under section 4658(d). Defendant sought reconsideration, arguing the apportionment opinions of QME Dr. Pearson and section 5701-appointed Dr. Newton constituted substantial medical evidence, and that section 4658(d) was not properly raised at trial since the parties had stipulated to a $230/week PD rate. The Board agreed with the WCJ that the apportionment opinions were not substantial evidence because the physician merely recited medical history and assigned percentages without explaining the how and why. However, the Board found the section 4658(d) findings unsupported because no findings established 50+ employees or absence of a return-to-work offer, and the parties had stipulated to the rate. The Board granted reconsideration, affirmed the unapportioned 66% award, but deferred and remanded the section 4658(d) rate and attorney fee issues to the trial level.