Blackledge

In this en banc decision, the WCAB addressed the distinct roles of the evaluating physician, the WCJ, and the disability evaluation specialist (rater) in determining whole person impairment (WPI) under the AMA Guides following SB 899. Applicant Cynthia Blackledge sustained an admitted industrial injury to her low back, right wrist, hip, and knee. The AME, Dr. Pechman, assessed 10% WPI (8% for low back DRE Lumbar Category II and 2% for patellofemoral pain syndrome), but the rater issued a 0% recommended rating after testifying he 'mechanically applied' the AMA Guides and disregarded the physician's WPI findings. The WCJ rejected the rater's 0% rating and independently rated the case at 10% based on Dr. Pechman's WPI. The Board held the rater exceeded his authority by substituting his own medical and legal judgment for the physician's, but also found the WCJ's rating instructions were ambiguous and that the substantial-evidence basis for Dr. Pechman's WPI ratings was questionable. The Board amended the decision to defer permanent disability and attorney's fees and remanded for further proceedings and possible development of the record.