Tajbakhsh, Davood

Applicant Davood Tajbakhsh, a polisher, sought reconsideration of a WCJ's April 15, 2024 F&O finding that his left shoulder cumulative trauma injury (ADJ15461170) resulted in only 5 percent permanent disability after applying 80 percent apportionment to non-industrial factors per AME Dr. Newton. The Board found that Dr. Newton's apportionment opinion was not substantial evidence because he failed to identify what activities of daily living caused the disability or explain how and why they did so, and testified that some of the apportioned non-industrial disability could actually be industrial and that he could not identify specific non-industrial ADLs. Because defendant bears the burden of proving apportionment and the AME's opinion was based on surmise, conjecture, or guess, the Board held defendant failed to meet its burden. The Board granted reconsideration, rescinded the F&O, and substituted findings that defendant is not entitled to apportionment and that the left shoulder injury resulted in 19 percent permanent disability (the unapportioned stipulated WPI rating).