Alvarez, Servando

Applicant Servando Alvarez sustained a cumulative trauma injury to his knees and shoulders while working as a livery driver, and the WCJ awarded 32 percent permanent disability after apportionment based on QME Dr. Pallia's opinions. Applicant sought reconsideration, arguing Dr. Pallia's apportionment opinion failed to meet the substantial medical evidence standard under Escobedo. The Board agreed, finding both Dr. Pallia's and treating physician Dr. McSweeney's apportionment opinions deficient because they failed to explain the mechanism by which preexisting arthritis caused current disability or justify the percentages chosen. The Board further found Dr. Pallia improperly used apportionment to 'compensate' for impairment ratings he deemed excessive, an incorrect legal theory, and that Hikida barred apportionment to disability arising from industrial surgeries. The Board granted reconsideration and amended the award to an unapportioned 96 percent permanent disability, adding the four body-part disabilities consistent with Vigil.