Miguelina Infante — ADJ10043033

Applicant Miguelina Infante, a salmon packer, was awarded 75% permanent disability for bilateral carpal tunnel, cubital tunnel, psyche injury, and aggravation of Arnold-Chiari syndrome over a cumulative period ending July 21, 2015. Both Pacific (former carrier) and Cypress (current carrier) were found liable despite applicant electing to proceed solely against Cypress at trial. On reconsideration, the Board deleted the finding of industrial injury for aggravation of Arnold-Chiari syndrome (a congenital condition unaffected by work exposure), removed Pacific from the Award under Labor Code section 5500.5(c), and found the WCJ erred in disregarding QME Dr. Gjerdrum's 50% apportionment to the non-industrial congenital condition. The Board affirmed use of Occupational Group 420 and the adding (rather than combining) of bilateral upper extremity impairments under Kite/Vigil. The compensable permanent disability was reduced from 75% to 38%, attorneys' fees were recalculated and ordered held in trust pending resolution between current and former counsel.