Ruben Ortiz — ADJ11233035

Ruben Ortiz sustained an industrial back injury on 11/23/16 while working as an irrigator for self-insured South County Packing, and had a prior 2002 back injury. After the panel QME's opinions were rejected, the WCJ appointed Dr. Feinberg as a regular physician, who assessed 16% WPI overall (Lumbar DRE-III plus chronic pain) for the 2016 injury and retrospectively rated 11% WPI for the 2002 injury. The dispute centered on whether Dr. Feinberg's retrospective AMA Guides rating of the 2002 injury was substantial evidence and on the proper apportionment method under Labor Code section 4664. The Board adopted the WCJ's report, finding Dr. Feinberg's opinions substantial and applying the subtraction method (30% minus 18% = 12%). The Board affirmed the 2/24/21 Findings and Award as amended, increasing permanent disability from 11% to 12% ($11,092.50) with attorney fees of $1,663.88.