Frances Johnson — ADJ9598012

Frances Johnson, a teaching assistant for CDCR, was found by the WCJ to have sustained industrial injury to her right shoulder, elbow, wrist, hand, and right upper extremity CRPS, with 70% permanent disability. Defendant sought reconsideration, arguing that PTP Dr. Goldman's March 1, 2019 report was not substantial evidence and that applicant had not proven she retired due to industrial injury for purposes of the section 4658(d)(2) 15% increase. The Board granted reconsideration and affirmed the F&A but corrected the PD rating to 71% (since the WCJ had improperly rated the elbow and wrist/hand separately rather than using Dr. Goldman's properly combined 46% WPI). The Board also found that the WCJ's award of the section 4658(d)(2) increase violated due process because the issue was never raised or submitted at trial, and deferred both that issue and the attorney fee issue. The matter was returned to the WCJ for further proceedings.