Patricia Harrison — ADJ12332626

Patricia Harrison sustained an admitted industrial injury to her right shoulder and neck on March 29, 2019 while employed as a child support officer II. She had a prior 2011 industrial injury (under her former name Patricia Carter) that resulted in a 41% permanent disability award, 24% of which was attributed to the cervical spine. The QME, Dr. Halbridge, ultimately apportioned the cervical spine disability 45% to the 2019 injury, 45% to the 2011 injury, and 10% to natural progression, but the WCJ relied on his earlier September 2020 report applying only 10% to the prior injury and 10% to natural progression. Defendant sought reconsideration arguing apportionment was required under section 4664 to the prior award, or alternatively 45% apportionment under section 4663. The Board affirmed the F&A, holding defendant failed to meet its burden of proving overlap between the prior and current disabilities under section 4664 (because none of the 2011 medical reports were in evidence) and that Dr. Halbridge's apportionment opinion was not substantial evidence supporting greater section 4663 apportionment.