E.L. Yeager Construction v. Workers' Compensation Appeals Board

E.L. Yeager Construction and its workers’ compensation insurer (collectively referred to as petitioner) petition for a writ of review to determine the lawfulness of an award and an order denying reconsideration in a proceeding before the Workers’ Compensation Appeals Board (Board). Petitioner contends that the Board erred by not correctly applying the newly enacted apportionment statutes and in rejecting the independent medical examiner’s (IME) opinion on apportionment. We agree and, accordingly, annul the order.

*925 Factual and Procedural Background

Applicant sustained an admitted injury to his lower back in 1996 while working for petitioner. The injury occurred when he fell from a five-and-one-half-foot wall, landing on his buttocks. At the time of the injury, he was diagnosed with a lumbar strain/sprain with a compression facture at L2.

Prior to this injury, applicant had occasional back pain and had received two to three chiropractic adjustments for the pain in the preceding 10-year period.

Following his injury, applicant saw various physicians and eventually the workers’ compensation administrative law judge (WCJ) appointed Dr. Akmakjian as the IMF.

Dr.…