Linstad, Daniel

Daniel Linstad, a firefighter for the City of Richmond (permissibly self-insured), sustained an admitted industrial injury to his lumbar spine on December 3, 2017. Under the parties' ADR program pursuant to Labor Code section 3201.7, IME James Stark, M.D. provided a strict AMA Guides DRE rating of 8% WPI but rebutted it by analogy to hernia under Table 6-9, assessing 15% WPI based on applicant's significant loss of lifting capacity, yielding 33% permanent disability. Defendant sought reconsideration arguing that lifting was already contemplated within the strict AMA Guides rating, making the Guzman departure improper. The WCAB denied reconsideration, holding that Dr. Stark properly performed each step of the Guzman III rebuttal analysis and his opinion constituted substantial medical evidence. The Board found that while the AMA Guides Chapter 1 generally addresses activities of daily living, it does not quantify specific percentage loss of lifting capacity, justifying the alternative rating.