Nunes Grace

In this en banc decision, the WCAB addressed whether 'vocational apportionment' is a permissible substitute for medical apportionment under Labor Code section 4663. Applicant Grace Nunes, a DMV Motor Vehicle Field Representative, sustained admitted industrial injuries (a specific injury on 9/13/2011 and a cumulative trauma from 9/13/2010 to 9/13/2011) and was found 100% permanently and totally disabled without apportionment based on her non-amenability to vocational rehabilitation. The QME apportioned 40% of the cervical spine disability and 60% of the carpal tunnel disability to nonindustrial factors. The Board held that the Labor Code makes no provision for 'vocational apportionment,' that vocational evidence is relevant to determining permanent disability and may rebut a scheduled rating, but that such evidence must still account for valid medical apportionment and may not substitute an impermissible 'vocational apportionment' theory. Finding both vocational reports analytically deficient and the WCJ's opinion noncompliant with section 5313, the Board rescinded the F&A and remanded.