Williams, Celeastia

Applicant Celeastia Williams sustained an admitted industrial injury on November 28, 2016, to her left knee and right hip, later expanding to include the right knee and left hip as compensable consequences of gait derangement. After the parties stipulated in 2019 to a 9% PD award based on AME Dr. Roth's reporting (which apportioned 50% of the left knee arthritis to non-industrial causes), applicant filed a Petition to Reopen and was evaluated by QME Dr. Purcell, who apportioned 80% of disability to non-industrial factors. The WCJ found 14% PD applying the 80% apportionment and failed to award attorney's fees. The Board rescinded the F&A, finding Dr. Purcell's apportionment opinion was conclusory and not substantial evidence, but enforced the binding stipulation to Dr. Roth's 50% left-knee apportionment, resulting in a corrected 54% PD award. The Board also corrected the temporary disability rate under section 4661.5, the permanent disability payment periods, and added attorney's fees.