Pharmacia & Upjohn; Zurich North America Insurance Company Bonnie Perrone WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABONNIE PERRONE, Applicant,vs.PHARMACIA & UPJOHN; ZURICH NORTH AMERICA INSURANCE COMPANY, Defendant(s).Case No. ADJ111089 (MON 0239711)OPINION AND ORDER GRANTING RECONSIDERATION ON APPEALS BOARD MOTION, AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings and Award and Order of September 14, 2010. in which the workers’ compensation judge (WCJ) found lhai on March 2, 1998, applicant sustained industrial injury to her back and psyche, but not to her knees, causing permanent disability of 84% after apportionment. Applicant contends, in substance, that the evidence justifies a finding of industrial injury to applicant’s knees, that the deposition testimony of Dr. Sohn, the Agreed Medical Evaluator (AMF). is not substantial evidence of apportionment, that the criteria for proof of apportionment under Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604 [Appeals Hoard cn banc] have not been met. and that applicant already was permanently totally disabled at the time of her car accident on January 6. 2000. Defendant filed an answer. The WCJ submitted a Report and Recommendation. In his Opinion on Decision, the WCJ gave the following explanation for his findings on permanent disability and apportionment: “Based upon the opinion of Roger Sohn. M.D., the Agreed Medical Examiner, inhis report dated July 23. 2009 (Exhibit “IF’), it is found that the applicant’s spinal , disability renders lier permanently and totally disabled. However, based upon Dr. Sohns deposition testimony on May 30. 2007, it is found that 1/3 of the spinal disability was caused by the applicant’s subsequent motor vehicle accident of January 6. 2000 and 2/3 was caused by this injury, resulting in 67% permanent disability to the spine. “As for psychiatric disability, the March 21, 2008
