Gaines, Evyette

Applicant Evyette Gaines, an eligibility specialist II, claimed cumulative trauma injury (Nov. 11, 2001 to March 3, 2022) while employed by Riverside University Health System. The WCJ found injury AOE/COE to the cervical spine, lumbar spine, and psyche with 38% permanent disability and need for future medical, holding that PQME Dr. Albert Simpkins's reporting was substantial medical evidence 'with the exception of apportionment.' Defendant sought reconsideration arguing Dr. Simpkins's apportionment findings were in fact substantial evidence under Escobedo and that the WCJ substituted lay opinion for unrebutted medical evidence. The majority denied reconsideration, finding Dr. Simpkins's apportionment opinion conclusory because it failed to cite specific records, MRI dates, or the dates and details of the motor vehicle accidents relied upon. Commissioner Razo dissented, arguing the apportionment findings complied with section 4663 and Brodie and were sufficiently supported by the doctor's record review.