McDaniel, Christine

Christine McDaniel, a 42-year-old laborer, sustained a cumulative trauma injury to her neck and back through July 29, 2017. After trial, the WCJ awarded 74% permanent disability without apportionment, finding the AME's apportionment opinion was not substantial medical evidence. Defendant petitioned for reconsideration, arguing AME Dr. Joel Renbaum's apportionment opinions (based on pre-existing degenerative disease and prior treatment) constituted substantial evidence. The WCAB denied reconsideration, adopting the WCJ's Report, holding that Dr. Renbaum repeatedly stated apportionment percentages (10%/90%, then 20%/80%) without explaining how and why the non-industrial degenerative conditions caused the disability, and that his deposition concessions were offered merely to facilitate settlement rather than reflecting his true medical opinion.