Deborah Johnson — ADJ10123051

Applicant Deborah Johnson, a phlebotomist/lab technician, claimed a June 20, 2015 industrial injury to her lumbar spine, right knee, and in the form of headaches. The WCJ found 33% permanent disability after apportionment based on QME Dr. Wieseltier's reports, found a need for future medical treatment (but failed to include it in the Award), and required treatment within defendant's MPN. On reconsideration, the WCAB found Dr. Wieseltier's apportionment opinion was not substantial evidence because he speculated that the pre-existing knee condition 'would have manifested' without explaining how and why those factors caused current permanent disability, and because he apportioned disability before actually determining the level of disability. The Board also found the MPN/transfer-of-care record contained inconsistencies and that defendant did not comply with notice requirements, but applicant had agreed to and received treatment from in-network providers. The Board affirmed in part, amended to find the QME reports not substantial evidence, deferred the permanent disability and MPN issues, added an award of future medical care, and remanded for further development of the record.