Pinkham, Laura

Laura Pinkham sustained a specific injury in 2006 and a cumulative trauma injury (November 4, 2006 through September 29, 2015) to her bilateral upper extremities and sleep while working as an associate dean at the Art Institute of California. The WCJ found her 100% permanently disabled and that her subsequent cumulative injury met the 35% permanent disability threshold under section 4751 for SIBTF benefits, by adding rather than combining impairments and including a sleep impairment. Defendant (SIBTF) sought reconsideration, arguing the WCJ erred by adding impairments instead of using the Combined Values Chart and by including a sleep impairment prohibited under section 4660.1, and by failing to award a credit for prior PD benefits. The Board rescinded the F&O, holding that whether impairments should be added or combined is medical/legal in nature requiring substantial medical evidence (which was absent here), and that sleep impairment may not be used to meet the 35% threshold. The Board deferred the 35% threshold issue and all other issues and remanded for development of the medical record.