Christine Sperry — ADJ11046834

Christine Sperry, a police officer, sustained an industrial low back injury from a cumulative trauma ending September 11, 2017, in addition to a prior 2004 injury for which she received a 30% permanent disability award. QME Dr. Bathgate assigned 13% WPI for the current injury and apportioned 60% to the prior 2004 cumulative trauma, 20% to degenerative changes, and 20% to the 2017 trauma. The WCJ awarded future medical care but made no specific findings on permanent disability or apportionment, and applicant argued the WCJ's implied apportionment findings violated the anti-attribution provisions of Labor Code section 4663(e). On reconsideration, the WCAB found the F&A failed to comply with section 5313 and Hamilton because it lacked corresponding findings of fact and discussion of the legal issues raised, particularly the interaction between section 4663(e)'s anti-attribution clause and section 4664(b) apportionment. The Board rescinded the F&A and returned the matter to the trial level for further proceedings.