April Ness — ADJ12887588

Applicant April Ness, a mental health case manager for the County of Humboldt, suffered an industrial injury to her neck and thoracic spine when rear-ended in a school parking lot on October 12, 2018. The WCJ found 52% combined permanent disability based on the PQME's Almaraz/Guzman rating, while denying industrial causation for headaches and sleep. Defendant petitioned for reconsideration, arguing the PQME (Dr. Hanley) improperly applied Almaraz/Guzman without adequate explanation, that the disability level was inconsistent with the record, and that the PQME's reporting was not substantial evidence and was fundamentally unfair. The WCAB adopted the WCJ's report and denied reconsideration, finding Dr. Hanley adequately justified deviation from the strict AMA Guides rating based on the applicant's ankylosis and limited cervical range of motion. The Board emphasized that permanent disability is measured at maximum medical improvement, not at the time of injury, and that the applicant's ability to work is immaterial to her impairment of function.