2nd District Court of Appeal,
June 23, 2020
The injured worker developed complex regional pain syndrome (CRPS) due to failed carpal tunnel surgery. The trial judge found that although the CRPS was the sole cause of the permanent disability, since the AME in orthopedics found apportionment to non-industrial factors relating to the carpal tunnel injury, the permanent disability from the CRPS was also subject to non-industrial apportionment. The WCAB affirmed the trial judge's findings. The Court of Appeal reversed the WCAB, holding that it was improper to apply the non-industrial apportionment of the carpal tunnel injury to the permanent disability caused by the CRPS. The injured worker was, therefore, entitled to a 100% permanent disability award.