Ivey, Jeremy

Applicant Jeremy Ivey, a truck driver, sustained an industrial cumulative injury ending November 9, 2022 to his knees, thoracic spine, and lumbar spine, found to cause 29% permanent disability after Labor Code section 4664 apportionment to a prior 24% award (case ADJ10089577) for a cumulative injury ending June 16, 2015. The WCJ found the prior thoracic award completely overlapped the current thoracic disability (no new thoracic PD awarded) and that the prior right knee disability partially overlapped, subtracting 3%. Defendant sought reconsideration arguing that more apportionment was warranted under section 4664, specifically that the full 4% WPI to each knee should have been subtracted. The Board denied reconsideration, holding that defendant failed to carry its burden of proving overlap between the prior and current disabilities because no evidence (such as a supplemental PQME report) was obtained showing overlap in activities of daily living. The Board also addressed timeliness under amended Labor Code section 5909, finding it timely acted within 60 days of case transmission.