Craig Claver — ADJ11990093

Applicant Craig Claver, a teacher with the Department of Corrections, claimed industrial injury to his right hip, right knee, right ankle, and left knee from a specific injury on 1/22/19 and a cumulative trauma period from 7/11/13 to 1/22/19. The IME, Dr. Gerard Dericks, initially attributed 100% of disability to the specific injury but later modified his opinion to a 50/50 apportionment between the industrial injury and prior surgeries/pre-existing degeneration. The WCJ found this apportionment opinion did not constitute substantial evidence because Dr. Dericks failed to explain how and why the non-industrial factors caused the disability or how they accounted for 50%, as required by Escobedo. The WCAB adopted the WCJ's report and denied the defendant's Petition for Reconsideration, rejecting the argument that due process required development of the record.