Hyun Sook Lee — ADJ9372475, ADJ10047707

Applicant, a customer service manager, claimed a specific injury (April 18, 2012, fall from a ladder) and a cumulative trauma injury to multiple body parts. The WCJ awarded 100% permanent disability without apportionment and found the CT injury ended March 5, 2013. Co-defendant Ace sought reconsideration, arguing the evidence did not support 100% PD, that apportionment was warranted, that the CT date should be April 8, 2013, and that it should have been permitted its own orthopedic QME panel. The Board affirmed, finding the AME's opinion that the disability sources were inextricably intertwined and the Hikida-based finding that failed back syndrome from surgery was the sole cause of the lumbar disability supported the unapportioned 100% award. The Board also held that disability and knowledge of industrial causation occurred March 5, 2013 (the surgery date), and that Ace failed to exercise due diligence in pursuing its own QME panel.