Ramirez, Esthela

Esthela Ramirez, an aide/substitute teacher, sustained industrial injury on June 15, 2016 to her cervical spine, thoracic spine, lumbar spine, right shoulder, and in the form of headaches. The WCJ's July 25, 2024 F&A found 62 percent permanent disability after applying nonindustrial apportionment and denied future medical care to the thoracic spine. The unrepresented applicant petitioned for reconsideration, contending the award abrogated her right to future medical treatment and that she received ineffective counsel. The Board majority granted reconsideration, holding that the future medical right was not 'settled' but remained open; that future medical care should also extend to the thoracic spine per QME reporting; and that the apportionment opinions of QME Dr. Gwalani and regular physician Dr. Weinmann did not constitute substantial medical evidence under Escobedo and section 4663. The Board rescinded the F&A and substituted findings of 72 percent unapportioned permanent disability, returning the matter to the WCJ for calculation of attorney fees and the weekly rate. Commissioner Razo dissented, arguing the apportionment opinions were valid under Brodie and Gatten.