Melchor, Silvestre

Applicant Silvestre Melchor sustained a specific industrial injury on February 15, 2023 to his cervical spine, right shoulder, and right elbow while working as a lather foreman for Kenyon Plastering, Inc. The WCJ found applicant entitled to an unapportioned award, ruling that the apportionment opinion of PQME Dr. Thor Gjerdrum did not constitute substantial medical evidence. Defendant sought reconsideration arguing substantial medical evidence supported apportionment of the right shoulder disability based on a 2012 prior injury and range of motion comparisons. The Appeals Board denied reconsideration, holding that the QME improperly presumed pre-existing permanent disability and failed to explain how and why the prior injury caused or contributed to current disability under Labor Code section 4663. The Board concluded defendant failed to meet its burden of proof on apportionment.