Roman, Rogelio

Applicant Rogelio Roman, a 64-year-old refuse driver, sustained an admitted specific injury (August 14, 2020) and an admitted cumulative trauma injury through August 14, 2020 to his cervical and lumbar spine while employed by Recology Sonoma Marin. AME Dr. Thomas Miles apportioned 60% of the disability to the CT injury and 40% to the specific injury, and further suggested the CT portion could be divided among prior employers depending on years/hours worked. The WCJ awarded 27% PD for the CT after apportionment between the two injuries but declined to further apportion the CT among prior employers, finding no substantial evidence of applicant's employment history. Defendant sought reconsideration, arguing it should only be liable for the 5.5% attributable to its 2.5 years of employment. The Board denied reconsideration, holding that liability for a single cumulative injury among multiple industrial employers is governed by Labor Code section 5500.5, not causation-based apportionment, and that Recology was the only employer in the year preceding injury and the last year of employment, making it liable for the entire 27%.