James Buchanan — ADJ10082119, ADJ10082092

Applicant James Buchanan, a 60-year-old service representative, sustained a specific spinal injury on July 4, 2014 and a cumulative trauma injury ending September 1, 2009 while working for NetJets. The AME, Dr. Richard Silver, found the two injuries inextricably intertwined, apportioned 5% to a pre-existing non-industrial degenerative condition, and opined that even in a hypothetical industrial-only scenario applicant would remain totally disabled. The WCJ found applicant successfully rebutted the AMA scheduled rating and awarded unapportioned permanent total disability (100%) based on the vocational expert's and AME's unrebutted opinions. Defendant sought reconsideration arguing the 5% non-industrial apportionment should reduce the award to 95%. The WCAB adopted the WCJ's Report and denied reconsideration, holding that an applicant can be found 100% disabled when the vocational expert considers medical apportionment and concludes total disability results from industrial injury alone.