Michelle Richmond — ADJ9385114

Applicant Michelle Richmond sustained a cumulative trauma injury ending May 19, 2014 to her bilateral elbows, arms, thumbs, wrists, and right shoulder while working as a stocker/cashier for Santa Rosa Tile Supply. The WCJ found 77% permanent disability based on PQME Dr. Jeffrey Yung's Almaraz/Guzman analysis using Table 13-17, applied section 4663 apportionment, but declined to apply section 4664 apportionment to a prior 1991 stipulated award (34.5% PD) for a 1989 cumulative trauma. Defendant sought reconsideration, arguing the AMA Guides rating was improperly rebutted and that section 4664 apportionment should reduce the award. The WCAB denied reconsideration, adopting the WCJ's Report, holding that Dr. Yung properly stayed within the four corners of the AMA Guides and that defendant failed to meet its burden of proving overlap between the prior and current disabilities.