Cuauhtemoc Mendoza — ADJ12278560

Applicant Cuauhtemoc Mendoza, a 70-year-old welder, sustained a left shoulder injury on September 18, 2018. Both applicant and defendant filed Petitions for Reconsideration from the WCJ's June 29, 2022 Findings & Award. Applicant sought additional temporary disability from July 22, 2020 (when treating physician Dr. Bahk requested a reverse total shoulder arthroplasty) until March 29, 2021 (when IMR denied the surgery), relying on Braewood. Defendant challenged the PQME's permanent disability rating, arguing that loss of strength should not be rated where a painful condition prevents application of maximal force. The WCAB denied both petitions, adopting the WCJ's report (except declining to imply that defendant's failure to object to rating instructions or request cross-examination of the rater waived those issues), giving great weight to the WCJ's credibility determination under Garza.