Carol McPhaul — ADJ15295325

Carol McPhaul, a correctional officer, sustained cumulative industrial injury to her neck ending June 19, 2021, from prolonged viewing of surveillance video above eye level. The WCJ awarded 40% permanent disability after applying 20% non-industrial apportionment per QME Dr. Brian Karvelas, and rejected applicant's claim that she rebutted the scheduled rating via vocational evidence. On reconsideration, the Board affirmed that applicant failed to rebut the scheduled rating but found that Dr. Karvelas's apportionment opinion did not constitute substantial medical evidence because he failed to explain how the pre-existing degenerative pathology contributed to permanent disability or how he arrived at 20%. The Board granted reconsideration and amended the award to 48% unapportioned permanent disability. Commissioner Razo dissented, arguing the apportionment satisfied the Gatten standard.