Cristina Jackson — ADJ10048474

Applicant Cristina Jackson sustained an industrial injury to both knees on March 6, 2015 while working as a package handler for FedEx Ground. PQME Dr. James Han found 28% WPI from bilateral knee replacement surgeries but apportioned 60% of permanent disability to pre-existing non-industrial factors under Labor Code section 4663(c), yielding a 21% PD award. Applicant sought reconsideration arguing Dr. Han's apportionment was not substantial evidence under Escobedo and that she was entitled to an unapportioned award under Hikida because her disability arose from the surgeries necessitated by the industrial injury. The Appeals Board affirmed the Findings and Award, holding that Dr. Han's reports constituted substantial evidence of apportionment and that Hikida did not apply because the case was more analogous to County of Santa Clara (Justice), where the applicant had significant pre-existing same-body-part conditions rather than a new condition caused solely by failed industrial treatment.