Thornton, Jeremy

Jeremy Thornton, an auto repair service estimator, was found to have sustained a cumulative industrial injury in the form of irritable bowel syndrome (IBS) through November 8, 2019, but was found not to have sustained a compensable psyche injury. Although permanent disability was not placed at issue or decided, the WCJ found that internist QME Dr. Chang-Sing's apportionment opinion constituted substantial medical evidence. Applicant sought reconsideration, arguing Dr. Chang-Sing merely incorporated the psyche QME's apportionment without explaining how non-industrial factors contributed to the IBS impairment. The Board granted reconsideration and amended the decision to defer the apportionment issue, reasoning that any apportionment finding is premature before permanent disability is determined. The Board reasoned that permanent disability must first be established to determine which portion is attributable to other factors under Labor Code section 4663.