Maria Carmen Jimenez — ADJ6805309

Applicant Maria Carmen Jimenez, an IHSS caregiver, sustained an industrial injury on December 22, 2008 to her low back, left hip (trochanteric bursitis), psyche, and in the form of hypertension and sleep disorder. The WCJ found 63% overall PD, including only 14% low back disability based on a misread of the orthopedic AME's report, and set earnings at the statutory minimum ($148.98/week). Applicant sought reconsideration, arguing higher low back PD, sleep disorder PD, and higher earning capacity. The Board affirmed the earnings finding as supported by W-2 evidence, but amended the lumbar PD upward to 39% based on AME Dr. Woods' Almaraz/Guzman rating of 27% WPI (corrected from a typographical error). The Board deferred the sleep disorder PD because internal medicine AME Dr. Majcher's 5% WPI conclusion was not substantial evidence, and returned the matter to the WCJ to develop the record.