What the panel ordered
The Board rescinds the WCJ's May 18, 2022 Findings & Award and returns the matter to the trial level for further proceedings consistent with this decision.
Applicant seeks reconsideration of the Findings & Award issued on May 18, 2022, which found 85% permanent partial disability with life pension; the WCJ's report recommended denial of reconsideration; the Board rescinds the May 18, 2022 F&A and returns the matter for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant failed to present substantial medical evidence to rebut the Permanent Disability Rating Schedule (PDRS) or the Combined Values Chart (CVC). Vocational expert's report improperly included medical opinions, which is not substantial evidence. The Board found insufficient description of work restrictions and lack of medical evidence on CVC rebuttal, requiring further development of the record.
From the decision · page 1Applicant seeks reconsideration of the Findings & Award (F&A) issued on May 18, 2022, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that applicant sustained a catastrophic industrial injury to his lumbar spine, thoracic spine, cervical spine, right shoulder, and psyche which resulted in applicant sustaining 85% permanent partial disability with a corresponding life pension.