Brenda Richard — ADJ10247229

Applicant Brenda Richard claimed a cumulative left ankle injury (Jan. 8, 2008 through Dec. 22, 2015) while working as a clerk typist for the City of Los Angeles. The WCJ found only 3% permanent disability after apportioning 80% of the disability to prior stipulated awards based on AME Dr. Angerman's reports. The Board found that Dr. Angerman's apportionment opinion failed to satisfy Escobedo/Borman because he did not describe the nature of the pre-existing condition or explain how and why the prior injuries caused current disability. The Board also held that section 4664(b)'s conclusive presumption did not apply because the prior awards were rated under the 1997 PDRS while the current injury is rated under the 2005 PDRS (precluding overlap), and the prior awards covered multiple body parts. The Board rescinded the F&A and remanded for further development of the record, recommending a supplemental report from Dr. Angerman with proper apportionment methodology.