David Maynez — ADJ8819897, ADJ8819898, ADJ9448366, ADJ9743441, ADJ11087662, ADJ8961622

Applicant David Maynez, a Fresno motorcycle patrol officer, claimed multiple specific and cumulative trauma injuries to his neck, back, right shoulder/arm, head, psyche, and heart/cardiovascular system. The WCJ found 37% orthopedic and 53% cardiovascular permanent disability that combined via CVC to 71% PPD, entitling applicant to a life pension. Defendant sought reconsideration arguing the injuries were improperly 'melded' together, that disability should be apportioned between separate dates of injury under Benson, that disability should be apportioned to obesity and diabetes, and that apportionment precludes a life pension. The Board agreed the WCJ erred in treating multiple specific orthopedic injuries as a single 'melded' cumulative trauma in violation of Labor Code sections 3208.1 and 3208.2, and amended the injury findings accordingly, but affirmed the 71% combined rating because defendant failed to meet its burden of proving apportionment. The Board affirmed the Award as amended.