Matias, Luisa

Luisa Matias, a harvester, sustained an industrial injury on June 16, 2016 to her neck, low back, left shoulder, and other body parts. The WCJ found 28% permanent disability after applying 50% apportionment to her left shoulder and lumbar spine disabilities based on PQME Dr. Domeniconi's supplemental report. On reconsideration, the Appeals Board affirmed the WCJ's evidentiary rulings and rejection of vocational rebuttal, but held that Dr. Domeniconi's apportionment opinions on the left shoulder and lumbar spine were not substantial evidence under Escobedo. The Board amended the award to reflect 41% permanent disability without apportionment because the PQME failed to describe the exact nature of the apportionable disability and failed to explain how and why prior injuries caused permanent disability at the time of evaluation.