Carmen Torres — ADJ8499651

Carmen Torres, a teacher who sustained an admitted June 8, 2011 slip-and-fall injury to her neck, back, bilateral shoulders, psyche, and gastrointestinal system, sought reconsideration of a WCJ's award of 52% permanent disability after apportionment. She contended she was 100% permanently totally disabled based on vocational evidence, that her impairments should be added rather than combined under the CVC, and that the 50% apportionment of her right shoulder disability was improper. The Board affirmed the denial of total disability (finding defense vocational expert Remas's opinion substantial) and affirmed use of the CVC for non-shoulder body parts, but rescinded the right shoulder apportionment because PQME Dr. Gjerdrum impermissibly apportioned to causation of injury rather than causation of disability. The Board granted reconsideration and amended the award to 58% unapportioned permanent disability totaling $88,377.91. The Board also invoked Shipley to excuse its late action on the petition since it did not receive the timely-filed petition until after the 60-day period expired.