Sharon Jackson — ADJ9616392

Applicant Sharon Jackson, a custodian, sustained a low back injury on July 26, 2013, while employed by University of California Berkeley (permissibly self-insured, administered by Sedgwick). The WCJ awarded 33% permanent partial disability after applying 30% apportionment to nonindustrial degenerative factors based on QME Dr. Snook's reports. Applicant sought reconsideration, arguing Dr. Snook's apportionment opinion was not substantial evidence. The Board granted reconsideration, finding that while Dr. Snook described the pre-existing degenerative condition, he failed to explain how and why it was causing permanent disability at the time of evaluation and how and why it accounted for 30% of disability, as required by Escobedo. The Board held the apportionment opinion was not substantial evidence, that defendant failed to meet its burden of proof, and amended the award to an unapportioned 47% permanent partial disability.