Darren Hailey vs. Continental Labor, National Union Fire Insurance Company

Applicant Darren Hailey sought reconsideration of two Findings and Awards from October 19, 2021, in cases ADJ11207109 and ADJ11207111, where a WCJ found industrial injuries but apportioned 50 percent of permanent disability to nonindustrial factors based on a Qualified Medical Evaluator's (QME) opinion. Hailey contended that the QME's apportionment opinion was not substantial medical evidence. The Workers' Compensation Appeals Board, in a majority decision, affirmed the WCJ's findings, concluding that the QME adequately explained the basis of his apportionment, attributing 50 percent of the impairment to nonindustrial obesity due to its role in inhibiting recovery and causing accelerated wear and tear on joints. However, Commissioner Katherine A. Zalewski dissented, agreeing that the QME identified the factors of permanent disability but arguing that he failed to adequately explain how he arrived at the 50 percent apportionment figure, deeming the analysis incomplete.