Garcia, Miguel

Applicant Miguel Garcia sustained an industrial injury on November 2, 2023 to his right knee, right leg/foot, and low back while working as a driver/loader/unloader. After his primary treating physician found him permanent and stationary as of December 10, 2024, the PQME Dr. Anoush Ehya opined on January 30, 2025 that applicant had NOT reached maximum medical improvement and that modified work would have been reasonable with specified restrictions. The WCJ awarded continuing temporary partial disability commencing December 10, 2024 based on Dr. Ehya's report, finding the condition not yet P&S and that no offer of modified/alternative work had been made. The Appeals Board denied defendant's petition for reconsideration, holding Dr. Ehya's report was substantial evidence and that defendant failed to rebut the absence of a modified work offer. The Board admonished defendant for improperly attaching non-record documents to its petition.