Sutherland, Lorna

Applicant Lorna Sutherland, a bus driver and cafeteria worker, claimed a right shoulder injury on January 7, 2019. AME Dr. Stephen Abelow initially apportioned 75% of disability to the industrial injury and 25% to prior non-industrial factors, but in subsequent reports revised this to a 50/50 split. The WCJ found the disability should be rated using dual occupational variants (250 and 322) and apportioned 75% industrial/25% non-industrial. Both parties sought reconsideration on apportionment and the absence of findings on permanent disability. The Board granted reconsideration, finding Dr. Abelow's reports failed to constitute substantial evidence on apportionment under Escobedo, and held that disability should be rated using a single occupational variant yielding the higher rating. The matter was rescinded and remanded for further development of the record.