Evans, Reginald

Reginald Evans, a bus operator for San Mateo County Transit District (permissibly self-insured), sustained an industrial injury on October 3, 2019 to his cervical spine and left shoulder, resulting in 17% permanent disability with no apportionment. Defendant sought reconsideration arguing the WCJ should have applied Labor Code sections 4663 or 4664 to reduce PD to 15%, and that an overpayment of temporary disability should have been credited against PD liability. The WCAB found Dr. Roland's apportionment opinions did not constitute substantial medical evidence because they failed to explain how and why preexisting pathology contributed to current impairment, and that defendant presented no evidence (no prior award) to support 4664 apportionment. The Board also upheld the WCJ's discretionary denial of the overpayment credit under section 4909 and equitable principles. The petition for reconsideration was denied.