Antonio Hernandez vs. TS STAFFING SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in Liquidation, SEDGWICK CLAIMS MANAGEMENT SERVICES (Claims Administrator)

This case concerns an applicant seeking reconsideration of a permanent disability award in a workers' compensation claim. The Administrative Law Judge (WCJ) apportioned the applicant's permanent disability based on Labor Code Section 4663, which the applicant argued was incorrect. The applicant contended that Section 4664(b) should have applied due to a prior award, requiring a different apportionment method. The Appeals Board affirmed the WCJ's decision, finding that the applicant failed to establish the necessary prerequisites for Section 4664(b) apportionment. Specifically, the prior award lacked sufficient detail regarding the basis of its rating, and medical opinions attempting to apply Section 4664(b) were not based on substantial medical evidence.