Johnson, Deana

Deana Johnson, a registered nurse, sustained an admitted cumulative industrial injury ending March 28, 2019, to her bilateral wrists and hands. The WCJ found 26% permanent partial disability after apportionment, and applicant sought reconsideration arguing she was permanently totally disabled via Ogilvie rebuttal and that defendant failed its burden on apportionment. The AME, Dr. Weddington, criticized applicant's functional capacity evaluation (FCE) as including non-industrial disability and found her amenable to vocational rehabilitation, undermining applicant's vocational expert who relied on that FCE. The Board agreed applicant failed to rebut the PDRS for permanent total disability but found the AME's 75/25 apportionment opinion (resting only on the generalization that arthritis is common with age) was not substantial medical evidence. The Board granted reconsideration, rescinded the F&A, and substituted a new award of 35% permanent disability with no apportionment.