Valoree Perrine — ADJ11544195

Applicant Valoree Perrine sustained an admitted industrial injury to her low back on January 5, 2017 while working as a checker for self-insured Safeway. The parties stipulated current disability of 47% before apportionment, and the WCJ awarded 28% permanent disability after apportioning to a 2014 stipulated award of 19% (which itself reflected 40% apportionment to non-industrial causation). Defendant sought reconsideration, arguing applicant's disability should be reduced by the full prior disability including the 40% non-industrial apportionment to which applicant previously stipulated. The WCAB majority granted reconsideration, finding that the QME Dr. Wolfson's report—which apportioned 100% to multiple injuries deemed 'inextricably intertwined'—was not substantial medical evidence because it relied on an incomplete record and applicant's imperfect memory. The Board rescinded the F&A and remanded for further development of the record to obtain a substantial medical opinion on apportionment under sections 4663 and 4664(b). Commissioner Snellings dissented, arguing the defendant failed to meet its burden of proof and should not get a second chance.