Gwendolyn Sykes — ADJ8599329

Applicant Gwendolyn Sykes, a bus operator, sustained a July 16, 2012 injury to multiple body parts including the lumbar spine, resulting in a 2015 stipulated award of 30% PD (26% lumbar). She timely petitioned to reopen for new and further disability, and the WCJ found 59% PD with an unapportioned award. Defendant sought reconsideration arguing the lumbar spine disability should be apportioned to a 2016 non-industrial motor vehicle accident under Labor Code section 4663 and to the prior 2007 award under section 4664. The Board affirmed, holding that AME Dr. Angerman's apportionment opinion was not substantial evidence because it relied on an incomplete medical history (missing records concerning the 2016 accident) and failed to explain how the accident contributed to current disability. The Board also rejected the section 4664 arguments, finding no proven overlap with the 2007 award and that the 2012 injury was the same injury reopened, not a 'subsequent industrial injury.'