Marilao, Willk

Applicant Willk Marilao, a Shafter police officer, sought reconsideration of a Joint F&A awarding 64% PD for an upper extremity injury (stipulated specific injury of 8/27/2015) and 23% PD for a lower extremity injury (stipulated specific injury of 3/5/2017), arguing his vocational expert rebutted the rating to establish 100% PTD and that defendant failed to meet its burden on apportionment. The WCAB granted reconsideration and rescinded the F&A in its entirety, finding the apportionment opinions of podiatrist QME Dr. Levy were admittedly arbitrary and not substantial medical evidence. The Board further rejected the parties' stipulations that the injuries were specific, finding the orthopedic QME Dr. Brourman unequivocally diagnosed cumulative trauma to the upper extremities and that Dr. Levy's reports raised serious questions about whether the lower extremity injury was also cumulative under Labor Code section 3208.1. The matter was returned to the WCJ for further development of the record on both injury mechanism and apportionment.