Garcia Lopez, Porfirio

Applicant Porfirio Garcia Lopez, a dairy milker, sustained two industrial injuries (December 2, 2017 and November 21, 2020) while employed by John and Nicole Santos Dairy, insured by Zenith Insurance Company and Omaha National Insurance respectively. The parties agreed to use Dr. Michael Klassen as the AME for both consolidated claims, and he issued seven reports and was deposed four times. After trial, the WCJ found Dr. Klassen's reporting constituted substantial medical evidence and awarded permanent disability of 20% (2017 injury) and 12% (2020 injury) after apportionment. Applicant sought reconsideration, arguing Dr. Klassen's reports were confusing, contradictory, and internally inconsistent, and thus did not constitute substantial medical evidence requiring further development of the record. The Appeals Board granted reconsideration and deferred a final decision pending further review of the merits and the entire record.