Ezechiel Banales — ADJ10941537, ADJ8480583

Applicant Ezechiel Banales sought reconsideration of a Joint Findings and Award that found no new and further permanent disability in his 2012 injury claim (ADJ8480583) and 50% permanent disability for his cumulative injury through May 10, 2017 (ADJ10941537). The Board affirmed the finding of no new and further disability, agreeing with the WCJ that QME Dr. Gagnon never opined the 2012 injury produced new and further disability and that the hearing loss impairment (11%) was less than the prior 14% award. However, the Board found Dr. Gagnon's apportionment opinions in ADJ10941537 did not comply with Escobedo because he failed to explain the basis for his percentages, so the reports were not substantial evidence. The Board therefore deferred the permanent disability determination in ADJ10941537 and remanded for development of the record, recommending a supplemental report from Dr. Gagnon. The Board also clarified that apportionment must be applied to each body part's rating string before combining via the CVC, not after.