MARK STROHMAN vs. City of San Diego, Permissibly Self-Insured, and Dietrich Corporation, California Insurance Guarantee Association for Legion Insurance Company, In Liquidation, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) findings that the applicant sustained industrial injuries to his back and was awarded 17% permanent disability. The applicant argued the ALJ erred by relying on the Qualified Medical Evaluator (QME), Dr. Lane, over his treating physician. The Board found the ALJ's discretion in choosing the QME's report as substantial evidence, including apportionment of disability, was valid. However, Commissioner Sweeney dissented, arguing Dr. Lane's opinion on apportioning disability to non-industrial causes lacked substantial evidence as it was based on speculation.