Moises Jimenez — ADJ14232382

Applicant Moises Jimenez, a dishwasher/cook, sustained an industrial injury to his left knee on July 5, 2019 when he fell off barrels at work, ultimately requiring a total knee replacement with a poor result. QME orthopedist Dr. Scott Graham rated 30% WPI and apportioned 50% to pre-existing osteoarthritis based on epidemiological studies that individuals with knee osteoarthritis are symptomatic 50% of the time and asymptomatic 50% of the time. The WCJ rejected the apportionment and found 50% permanent disability without apportionment, but the Findings and Award failed to contain an actual Award. The Board affirmed the no-apportionment finding because Dr. Graham's opinion did not constitute substantial medical evidence, granted reconsideration to add the missing Award, and corrected a typographical error in the indemnity calculation.