Margaret Nelligan — ADJ9649059

Applicant Margaret Nelligan claimed industrial injury to her right shoulder and bilateral elbows (ADJ9649059, cumulative trauma 2010-2014) and her left shoulder (ADJ9956563, specific injury 9/4/2014). The WCJ awarded 28% PD for the right shoulder based on AME Dr. Ovadia's Almaraz/Guzman analysis combining range of motion with manual muscle testing, and 41% PD for the left shoulder with no apportionment. Defendant sought reconsideration arguing Dr. Ovadia improperly combined impairments in violation of the AMA Guides and improperly handled left shoulder apportionment. The Board rejected the argument that combining strength and ROM impairment 'violated' the AMA Guides, but found Dr. Ovadia failed to explain why the strict rating was inadequate and why his alternative rating was more accurate, failing the Milpitas/Almaraz-Guzman framework. The Board also found his apportionment opinion deficient under Escobedo because he apportioned 'yet to be determined' disability and failed to explain how the underlying glenohumeral arthritis caused 25% of disability. The Board rescinded the F&A and remanded for further development of the record.