Aikens, Mary Anne

Applicant Mary Anne Aikens sustained an admitted industrial injury on August 7, 2009 to multiple body parts including cervical spine, lumbar spine, right shoulder, right arm, right hip, bilateral knees, and psyche. The WCJ found 66% permanent disability after accepting AME Dr. Renbaum's 15% orthopedic apportionment to pre-existing degenerative changes and AME Dr. Cole's 50% psychiatric apportionment. The WCAB granted reconsideration and found that Dr. Renbaum's apportionment was not substantial evidence because it failed to explain the nature of the degenerative changes or how and why they caused disability. It further found Dr. Cole engaged in impermissible 'pass-through' apportionment by relying on Dr. Renbaum's orthopedic apportionment without independent justification. The Board rescinded the F&A and deferred both apportionment issues, returning the matter to the trial level for further development of the record.