Marilyn Street — ADJ10374813, ADJ10374814

Applicant Marilyn Street, a cafeteria manager, was found by the WCJ to have sustained a cumulative industrial injury to her right knee resulting in 52% permanent disability, with the WCJ disallowing apportionment under Hikida because the disability was attributed to a failed knee replacement surgery. Defendant petitioned for reconsideration, arguing the WCJ erred in applying Hikida to bar apportionment when the disability was not solely caused by industrial medical treatment. The Appeals Board agreed the WCJ must revisit permanent disability and apportionment in light of County of Santa Clara v. WCAB (Justice), which clarified that Hikida precludes apportionment only where industrial medical treatment is the sole cause of permanent disability. The PQME Dr. Hanley had opined that up to 90% of the disability was caused by non-industrial factors and did not state the failed surgery was the sole cause. The Board rescinded the permanent disability finding, corrected a clerical earnings error, and returned the matter to the trial level for new findings.