Dara Butler — ADJ6958667, ADJ6960238

Applicant Dara Butler, an office technician for the Department of Toxic Substances Control, sustained a specific injury on 5/14/09 and a cumulative trauma injury (4/13/08-4/13/09), which the WCJ found inextricably intertwined, resulting in a joint Benson award of 73% permanent disability. Defendant sought reconsideration arguing 10% non-industrial apportionment based on Escobedo should apply per the opinions of QMEs Bertoldi and Sones, that the 51% PD rating for sleep/hypothalamic-pituitary axis disorder was invalid because Dr. Bertoldi did not provide an Almaraz/Guzman analysis, and that attorney's fees should be adjusted. The Board first addressed timeliness under the version of section 5909 in effect from July 2, 2024 through June 30, 2026, confirming it acted within 60 days of transmission. The Board denied reconsideration, adopting the WCJ's Report, finding defendant failed to meet its apportionment burden due to unresolved inconsistencies in applicant's alcohol history, and that Dr. Bertoldi's use of Table 10-1 was a valid strict AMA Guides rating not requiring an Almaraz/Guzman analysis.