Zambrana, Esperanza

Applicant Esperanza Zambrana, an IHSS caretaker, sustained a stipulated industrial injury to her neck and back on April 21, 2020 from a fall at work, requiring an emergency room visit and cervical spine surgery two days later. The PQME, Dr. Bestard, opined that the fall increased her neck symptoms requiring surgery, but also opined that her spinal condition would have required surgery regardless of the fall. The WCJ found these apportionment opinions contradictory and inconsistent and therefore not substantial evidence, awarding 47% unapportioned permanent disability. Defendant petitioned for reconsideration, arguing the QME's opinions were substantial evidence, that the record should have been developed further, and that the WCJ failed to render a causation finding. The WCAB denied reconsideration, adopting the WCJ's report and concluding that because defendant failed to meet its burden on apportionment, applicant was entitled to an unapportioned award.