The California Workers' Compensation Appeals Board issued a panel decision on April 17, 2009, in the case of Cortez v. Supercuts, a post-Almaraz/Guzman case. The WCAB stated that in light of its April 6, 2009 decision granting reconsideration in Almaraz/Guzman, the WCJ in Cortez v. Supercuts could (1) hold further proceedings, further develop the medical record as necessary, and issue a decision in accordance with the Board's recent en banc decision in Almaraz/Guzman, or, in the alternative, (2) hold this matter at the trial level pending the outcome of the Board's recent grant of reconsideration in Almaraz/Guzman.

In Cortez v. Supercuts, applicant and defendant each sought reconsideration of the WCJ's findings and award that applicant, a hairstylist, sustained an industrial injury to her bilateral upper extremities that caused 2% permanent disability. The WCJ also found applicant was temporarily disabled for two time periods during the last four years. Among other things, defendant contended that the WCJ erred in awarding permanent disability in that the applicant did not have any impairment under the AMA Guides, Fifth Edition. Applicant contended that the 2% permanent disability was error, arguing that under Almaraz/Guzman her disability should be rated by analogy pursuant to the reports of the agreed medical evaluator.

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