Sheryl Wilson Grant Dec — ADJ10902155

Applicant Sheryl Wilson sustained an admitted industrial injury to her lumbar spine, left ankle, and CRPS of the left ankle while working as a retail clerk for Kohls. After trial, the WCJ awarded 78% permanent partial disability after apportionment and rejected claims of permanent total disability and additional body parts. On reconsideration, the WCAB adopted the WCJ's report, granting the petition to correct an improper 10% apportionment to a compensable consequence injury (the Panera fall) which the parties had stipulated was industrial, raising the award to 87% PPD without apportionment. The Board rejected applicant's arguments that she was permanently totally disabled or entitled to a 93% rating based on labor market access, holding that DFEC-based rebuttal of the PDRS is no longer available for partial disability cases under post-SB 863 section 4660.1. Issues of new and further disability (stroke and psychological injury) via petition to reopen were deferred.