Maria Estrella — ADJ11211751

Applicant Maria Estrella, a correctional officer, sustained a cumulative industrial injury (ending May 17, 2017) to her right shoulder, lumbar, thoracic, and cervical spine, found to cause 58% permanent disability. The PQME chiropractor, Dr. Naeem Patel, offered both strict AMA Guides ratings and an alternative Guzman analysis adding a 15% WPI 'loss of lifting capacity' add-on (using a hernia table, Table 6-9), split between the lumbar spine and right shoulder. The WCJ adopted the strict ratings but rejected the Guzman add-on, and the applicant sought reconsideration arguing the add-on should have been adopted. The majority denied reconsideration, holding that Dr. Patel failed to explain why the standard Guides ratings did not accurately reflect impairment and that his alternative analysis was inconsistent with the Guides. Chair Zalewski dissented in part, agreeing the lumbar add-on was unwarranted but arguing the 7.5% (rounded to 8%) WPI add-on for the right shoulder should have been adopted under Guzman because range of motion and loss of strength are distinct deficiencies.