Ashley

A workers’ compensation judge (WCJ) apportioned 50 percent of applicant’s permanent disability to subsequent noncompensable events—applicant’s pregnancy and unemployment—relying on Labor Code section 4750.5. Applicant petitioned for reconsideration, which the Workers’ Compensation Appeals Board (Board) denied. Applicant then petitioned for a writ of review, which this court granted. After review, we have concluded that the apportionment was erroneous, and remand this matter to the Board for appropriate disposition.

Facts and Procedural History

Applicant Audley Ashley, bom June 8, 1948, was employed in various clerical capacities with different employers, and developed severe carpal tunnel symptoms in both hands and extremities. Applicant alleged both specific and cumulative industrial injuries to her neck, back, spine, and upper and lower extremities as well as a miscarriage, in three compensation cases.

Her initial industrial injury was sustained on September 29, 1984. While on a banking errand for her employer, the San Luis Obispo YMCA, applicant’s vehicle was hit by another car. As a consequence, she injured her neck, back, shoulder; her nose was broken. It…