Virginia Antunez — ADJ6604551

Virginia Antunez sought reconsideration of a WCJ's June 2021 FA&O finding 54% permanent disability with apportionment under Labor Code section 4663 in ADJ6604551, arising from an August 8, 2007 specific injury while working as a child care provider for Fontana Unified School District. The Board granted reconsideration and found that AME Dr. Sofia's apportionment opinions (20% nonindustrial for the shoulders based on general age-related rotator cuff blood flow, and 25% nonindustrial degenerative changes for the knees) did not constitute substantial evidence because they failed to explain how and why the nonindustrial factors caused the disability. Recalculating without apportionment, the Board found 64% permanent disability. The Board rejected applicant's arguments on Kite (addition vs. CVC), Parco (total knee replacement as amputation for extended TTD), the Montana earnings-capacity rationale, and total permanent disability, finding no substantial evidence supporting any of them. The award value was deferred pending determination of whether section 4658(d) adjustment applies.