Sutherland, Lorna

Applicant Lorna Sutherland, a school bus driver and cafeteria worker, claimed a right shoulder injury on January 7, 2019. The dispute centered on whether AME Dr. Abelow's opinion apportioning 50% of her right shoulder permanent disability to pre-existing non-industrial pathology (rotator cuff disease and a 2006 surgery) constituted substantial evidence. The Board found that although Dr. Abelow described the nature of the non-industrial factors, he failed to explain how and why those factors caused permanent disability at the time of evaluation or why they accounted for the assigned percentage, as required by Escobedo. Having already given defendant an opportunity to develop the record via its June 9, 2023 Opinion, the Board declined to order further development. The Board granted reconsideration, rescinded the WCJ's findings, found defendant failed to meet its burden on apportionment, and awarded an un-apportioned 42% permanent partial disability.