Ryan Hickman — ADJ11182584

Applicant Ryan Hickman, a probation officer, sustained an industrial injury to his right lower extremity and right hip on December 1, 2017, when he stepped into a deep hole; weeks later his right femur fractured while entering a vehicle. The AME, orthopedist Dr. Chester Hasday, opined that 75% of applicant's permanent disability should be apportioned to non-industrial causes—weakening of the femur from radiation treatment received in 1994 for cancer—with only 25% industrial. The WCJ awarded 38% permanent disability without apportionment, finding defendant failed to carry its burden. The WCAB majority denied reconsideration, holding that while apportionment to asymptomatic conditions and pathology is permissible under Escobedo, Dr. Hasday's opinion did not constitute substantial medical evidence because he failed to adequately explain how the nearly 30-year-old radiation treatment caused the disability and failed to explain the 'how and why' of his percentage allocations. Commissioner Lowe dissented, arguing the AME's opinion satisfied the standard set in E.L. Yeager Construction (Gatten).