Craig Mills — ADJ10899987

Craig Mills, a laborer, sustained an industrial left knee injury on July 29, 2016, while employed by Harrison Drywall (insured by Insurance Company of the West/ICW Group). After the record was developed through regular physician Dr. Gordon Lewis (appointed under Labor Code section 5701), the WCJ issued an Amended Findings and Award finding 57% permanent disability, average weekly earnings of $1,093.75, and limited EDD credit to the $3,500 settlement sum. Defendants petitioned for reconsideration, challenging the rejection of Dr. Lewis' 80% nonindustrial apportionment, the wage calculation based on the applicant's final four weeks at a raised pay rate, the EDD credit limitation, and seeking TTD overpayment credit. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration, finding the apportionment opinion was not substantial medical evidence and the earnings calculation reasonably reflected earning capacity. The Board separately admonished defense counsel Steven M. Kogen for attaching documents already in the record in violation of WCAB Rule 10945.