Mario Almaraz

In this joint en banc decision, the WCAB granted reconsideration of its February 3, 2009 Almaraz/Guzman I decision and modified its holding regarding rebuttal of permanent disability ratings under the 2005 Schedule. Mario Almaraz sustained a back injury rated at 12% WPI under the AMA Guides, and Joyce Guzman sustained bilateral carpal tunnel syndrome rated at 3% WPI per extremity, with both arguing the AMA Guides understated their true impairment. The Board held that the 'prima facie evidence' language of Labor Code section 4660(c) unambiguously means a scheduled permanent disability rating is rebuttable, that the burden rests with the party disputing the rating, and that one method of rebuttal is challenging the WPI component. Critically, the Board rejected its prior 'inequitable, disproportionate, and not a fair and accurate measure' standard, holding instead that all WPI evidence must remain within the four corners of the AMA Guides, though a physician may use any chapter, table, or method in the Guides that most accurately reflects the employee's impairment. Both cases were remanded to their respective WCJs for further proceedings. A three-commissioner dissent would have affirmed the original Almaraz/Guzman I decision permitting departure from the Guides entirely.