Rebecca Gray — ADJ11554890

Applicant Rebecca Gray sustained an industrial injury to her cervical spine, right shoulder, and right wrist while employed as an administrative associate. After the case-in-chief resolved by Compromise and Release, applicant pursued SIBTF benefits, and the WCJ found a pre-existing left shoulder disability (an opposite and corresponding member to the injured right shoulder) and that the subsequent injury disability exceeded the 5% SIBTF threshold. SIBTF sought reconsideration, arguing that the PQME, Dr. Sabsovich, found full range of motion in the left shoulder and therefore the finding of pre-existing left shoulder disability was not substantial evidence, and that the 5% opposite-and-corresponding threshold was not met. The WCAB adopted the WCJ's Report and denied reconsideration, finding Dr. Chen's 3% left shoulder impairment was supported by a documented ten-year history of complaints, diagnostic imaging showing a tear and bursitis, and work restrictions. The Board also held that under SIF v. WCAB (Post), the 5% threshold need not be reached by the opposite and corresponding member itself, only that such a member be involved and the overall subsequent injury disability reach 5%.