Washington, Victor

Applicant Victor Washington, a handyman/maintenance technician, sustained an industrial injury on June 26, 2021 when he fell off a 5-foot platform, injuring his right knee, which led to chronic quadriceps tendon rupture requiring two surgeries, plus compensatory low back pain from abnormal gait and crutch use. Relying on PQME Dr. Anderson's reporting and vocational expert Frank Diaz's 7-method labor market analysis, the WCJ found permanent total (100%) disability. Defendant sought reconsideration, arguing the medical and vocational reports were not substantial evidence and that its due process rights were violated by being denied the opportunity to obtain a rebuttal vocational report. The WCAB denied the petition, adopting the WCJ's Report, finding both reports constituted substantial evidence, that the vocational report complied with CCR 10685(b), and that the due process argument was waived because defendant never objected to closing discovery or setting trial and raised the issue for the first time on reconsideration.