Fred Broyles — ADJ12705097

Applicant Fred Broyles, a 57-year-old driver, sustained an industrial injury on October 9, 2019 to his low back, right leg, and right shoulder. QME Dr. Joseph Sclafani provided a strict DRE rating of 5% WPI for the lumbar spine but applied an Almaraz/Guzman rating by analogy to a hernia condition (Table 6-9, Class II), arriving at 15% WPI, which produced an overall 29% permanent disability award. Defendant petitioned for reconsideration, arguing Dr. Sclafani improperly rated impairment based on a lifting work restriction and that the strict rating should control. The WCAB denied reconsideration, finding Dr. Sclafani's report constituted substantial evidence because he explained why the strict rating was inadequate and analogized to a hernia condition based on impact to applicant's activities of daily living. The Board affirmed the 29% permanent disability award.