Shepherd, William (Billy)

William Shepherd, a professional basketball player employed by Memphis Sounds from 1972-1975, claimed cumulative trauma injury to multiple body parts. The WCJ found a section 5412 date of injury of March 24, 2014 (the date of his first evaluation by orthopedic QME Dr. Einbund), that the claim was not barred by the section 5405 statute of limitations, awarded 87% permanent disability with 5% apportionment of the right knee to a 1972 specific injury, and denied temporary disability. Both parties sought reconsideration: applicant sought TTD and an earlier (1975) commencement of PD based on the stipulated P&S date, while defendant challenged the date of injury, the statute of limitations, and the lack of apportionment. The WCAB affirmed the F&A in full, holding the date of injury was properly tied to Dr. Einbund's report because applicant lacked the knowledge to recognize his cumulative injury earlier, defendant failed to meet its burden on apportionment, and the medical record did not support TTD or a 1975 P&S date.