Quintero, Salvador

Applicant Salvador Quintero, a landscaper, sustained an industrial injury to his right knee on September 9, 2021. QME Dr. Ramy Elias found 5% WPI and apportioned 80% of the disability to pre-existing degenerative changes and 20% to the industrial injury, but stated this only as a conclusion. The WCJ found 11% permanent partial disability with no legal apportionment, and defendant sought reconsideration arguing Dr. Elias's apportionment opinion was substantial evidence. The WCAB denied reconsideration, holding that Dr. Elias failed to explain the nature of the degenerative disease and how and why it was causing disability at the time of evaluation, and thus his opinion did not constitute substantial evidence on apportionment. Defendant therefore failed to meet its burden of proof, and the un-apportioned 11% PPD award was affirmed.