Ronald Philpot — ADJ7284005, ADJ7912473

Applicant Ronald Philpot sustained two industrial injuries in successive motor vehicle accidents (April 26, 2010 and July 14, 2011) while working as a service repair technician/manager, with the first accident causing a fractured skull, loss of brain tissue, and brain damage. The WCJ found 100% permanent and total disability but apportioned liability 70% to the 2010 injury (Imperium) and 30% to the 2011 injury (Ullico/CIGA), relying on Dr. Munday's 85%/15% neuropsychological apportionment as adopted by IME Dr. Feinberg. On reconsideration, the Appeals Board held that defendants failed to meet their burden of proving apportionment because the medical opinions of Drs. Munday and Feinberg were not substantial evidence under Escobedo. The Board rescinded the apportionment findings and awarded a single award of 100% permanent total disability solely for the April 26, 2010 injury, plus a 15% attorney's fee, and remanded for fee calculation.