Fernando Pardilla — ADJ13407033

Applicant, a 59-year-old concrete mixer driver, sustained an accepted industrial injury on December 21, 2019 to his neck, back, and bilateral arms, having previously suffered a 2008 neck and right shoulder injury that required a cervical fusion. The WCJ awarded temporary total disability (TTD) indemnity for the period January 16, 2020 through November 26, 2020. Defendant sought reconsideration arguing that TTD causation could not be determined until applicant reached MMI because the cervical condition might be merely an exacerbation (rather than aggravation) of the prior 2008 injury. The Board denied reconsideration, holding that QME Dr. Holmes and PTP Dr. Stoller established a separate thoracic and lumbar spine injury (including an L4-L5 disc herniation consistent with the 2019 acute event) that supported TTD independent of the cervical apportionment dispute. The Board distinguished 'causation of injury' from 'causation of disability,' finding apportionment to non-industrial causes is not permitted for temporary disability.