Sean Pratt — ADJ10573852, ADJ10937269

Applicant Sean Pratt, a Kern County Deputy Sheriff, had two pending claims: a specific June 7, 2016 injury (neck, back, left hip) and a cumulative trauma through March 28, 2017 (bilateral upper extremities, hearing loss, tinnitus, hypertension). The WCJ awarded 40% PD on the specific injury and 76% PD on the CT, adding the bilateral orthopedic disabilities before combining them with the non-orthopedic disabilities. Defendant sought reconsideration, arguing the F&A impermissibly merged three distinct injuries in violation of the anti-merger rules and that the record did not support adding (rather than combining) the impairments. The Board, treating the WCJ's NIT as a rescission of the original F&A, granted reconsideration and exercised its authority under Labor Code section 5907 to enter new Findings and Award conforming to the WCJ's recommendation. The Board held there was only one cumulative trauma period and that IME Dr. Fishman's individualized opinion supported adding the bilateral wrist/hand impairments.