Ramirez, Lorena

Applicant Lorena Ramirez, a custodian, sustained an admitted industrial injury to her lumbar spine on August 31, 2015. The WCJ found 33% permanent disability and need for further medical treatment, but also included a finding that 'There is no Almaraz/Guzman adjustment of the permanent disability.' Defendant sought reconsideration, arguing the 33% PD was a Guzman rebuttal rating and that the scheduled impairment (yielding 22% PD) should have been used instead. The PQME orthopedist, Dr. Falkinstein, opined that 21% WPI under DRE Category IV most accurately reflected applicant's impairment because she required but was denied surgery, characterizing this as an Almaraz/Guzman rating. The Board granted reconsideration, deleted the confusing finding regarding the absence of a Guzman adjustment, but affirmed the 33% permanent disability finding.