Gonzalez, Angelica

Applicant Angelica Gonzalez, a 69-year-old playground supervisor, sustained industrial injury on October 29, 2021 to her neck, low back, thoracic spine, right shoulder, arms and hands, resulting in 45% permanent disability awarded without apportionment. Defendant Goleta Union School District (permissibly self-insured) sought reconsideration, arguing the WCJ should have applied the 50% non-industrial apportionment opined by regular physician orthopedist Dr. Yuri Falkinstein. The majority denied reconsideration, holding Dr. Falkinstein's apportionment opinion did not constitute substantial evidence under Escobedo because he failed to explain how or why 50% was the appropriate level of non-industrial apportionment, failed to delineate how much each cited factor contributed, and failed to explain how the pre-existing factors caused or contributed to her permanent disability. Commissioner Razo dissented, arguing the opinion met the Gatten standard and would have applied apportionment, reducing PD to 23%.