Dores Ham vs. State of California, Department of Hospitals - Vacaville

This case concerns the apportionment of permanent disability for a left foot amputation resulting from MRSA infection. The applicant sustained an injury while employed, and the defendant argued that the applicant's pre-existing diabetes should be apportioned as a contributing factor to the permanent disability. The Workers' Compensation Appeals Board affirmed the Administrative Law Judge's finding that the Agreed Medical Examiner's apportionment opinions were not substantial evidence. The majority concluded that the physicians' opinions were based on incorrect legal theories regarding apportionment and that the defendant failed to meet its burden of proof.