Greg Obrien — ADJ19939689

Applicant Greg O'Brien sustained a cumulative left knee injury while working as a transportation supervisor for Covenant Living at the Samarkand from August 9, 2020 through September 17, 2024, undergoing a total knee arthroplasty and later a revision. The PQME, Dr. Feingold, initially apportioned 80%/20% then revised to 50%/50% between industrial cumulative trauma and pre-existing arthritis. The PWCJ found occupational group 460 applied and rejected apportionment, awarding 173 weeks of PD. Defendant sought reconsideration arguing the correct occupational group was 250 and that apportionment applied to yield 13.5% PD. The Board granted reconsideration to explicitly find 36% PD without apportionment, holding that Dr. Feingold's apportionment opinion was not substantial evidence because he apportioned 'impairment' rather than 'disability' and failed to explain how the non-industrial arthritis caused the applicant's disability, and affirmed occupational group 460 based on the applicant's credible, unrefuted testimony.