Nikki Hanna — ADJ11869093, ADJ11869146, ADJ11869120, ADJ13784137, ADJ16575818

Applicant, a certified nursing assistant, sustained a cumulative industrial injury (period ending November 1, 2016, later found to be November 1, 2016 through January 1, 2019) to her lumbar spine, thoracic spine, and in the form of a hernia. The WCJ awarded 71% permanent disability with no apportionment, despite a documented non-industrial 2013 hiking injury requiring two prior surgeries. Defendant sought reconsideration, arguing the WCJ erred in rejecting IME orthopedist Dr. Peter Newton's 50/50 apportionment opinion and in denying a credit for alleged temporary disability overpayment. The Board agreed that Dr. Newton's apportionment opinion was not substantial medical evidence (because he lumped multiple non-industrial factors together without separate analysis and failed to explain how and why prior conditions caused current disability), but concluded the record should be further developed given applicant's documented prior spine condition. The Board granted reconsideration and amended the decision to defer permanent disability, apportionment, and the credit issue pending further development of the record.