Gomez, Maria Magdalena

Maria Magdalena Gomez, a substitute teacher, sustained admitted industrial injury on May 2, 2017 to her left knee, right hip, right knee, and bilateral ankles. The WCJ found 39% permanent disability based on IME Dr. Thompson's initial report rating her at 23% WPI under Class III of AMA Guides Table 13-15 (cannot walk without assistance). After reviewing surveillance footage showing Gomez walking without a cane, Dr. Thompson issued a supplemental report revising her impairment to 15% WPI under Class II (walks some distance without assistance, limited to level surfaces). The WCJ rejected the revised opinion and relied on the initial report. The WCAB granted reconsideration, holding the initial rating was not substantial medical evidence because it rested on facts no longer germane, and amended the award to 26% permanent disability based on Dr. Thompson's ultimate 15% WPI finding.