Jaime Cobian — ADJ13134719

Applicant Jaime Cobian, a farm laborer, claimed a March 6, 2014 back injury. QME Dr. D'Amico assessed 10% WPI and apportioned 20% of the disability to pre-existing 'normal degenerative' low back condition. The WCJ found 16% permanent disability based on that apportionment. The WCAB majority granted reconsideration, finding Dr. D'Amico's reports did not constitute substantial evidence on apportionment because he failed to explain how and why the pre-existing condition caused permanent disability and how it accounted for 20% of disability. The Board affirmed the F&A but amended the finding to 20% permanent disability, eliminating the apportionment. Commissioner Razo dissented, arguing the reports were substantial evidence and reconsideration should be denied.