Dennis Orr — ADJ3359423, ADJ7688594, ADJ6732602

Applicant Dennis Orr, a custodian, sustained three back injuries: a 2002 specific injury (settled at 25%), a 2005 specific injury (ADJ6732602), and a cumulative trauma ending December 26, 2006 (ADJ7688594). The AME, Dr. Peter Mandell, found 31% WPI and apportioned causation 25% to developmental/congenital problems, 10% to the 2002 injury, 10% to the 2005 injury, and 55% to the cumulative trauma. The WCJ relied on the AME and found 4% PD for the 2005 injury and 24% PD for the cumulative injury, rejecting applicant's vocational expert's opinion of 100% permanent total disability. Applicant petitioned for reconsideration, arguing the AME's apportionment was not substantial evidence, that Hikida precluded apportionment, and that the FCE and vocational report by Frank Diaz established total disability with no apportionment. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, finding the AME's opinion constituted substantial evidence and that applicant failed to rebut the scheduled rating.