Pella Corp. v. Bernstein

OPINION OF THE COURT

An Administrative Law Judge (ALJ) found that the claimant was partially disabled by work-related injuries to her left shoulder and cervical and lumbar spine. Convinced that an ALJ had no authority to apportion the 10% impairment rating assigned to the “shoulders,” “greater on the left than the right,” the ALJ awarded income benefits only for the back injuries. Reversing in part and remanding, the Workers’ Compensation Board held that the ALJ had discretion to apportion the impairment rating and could reasonably assign a 6 to 10% rating to the left shoulder. The Court of…