Myers, Earl

Earl Myers, a retired teacher, suffered multiple industrial injuries between 1995 and 2007, plus a 2018 fall from a malfunctioning employer-provided scooter, resulting in numerous surgeries to his neck, back, and upper extremities. The WCJ found applicant 100% permanently totally disabled without apportionment based on Ogilvie rebuttal, where both vocational experts agreed he was not amenable to rehabilitation and suffered a complete loss of earning capacity. Defendant sought reconsideration, arguing the WCJ misapplied section 4662, failed to address apportionment under section 4663, and that the finding conflicted with Fitzpatrick. The Board affirmed, holding that defendant presented no substantial evidence to apportion the work restrictions causing the disability. The Board clarified that under an Ogilvie rebuttal, apportionment analysis must focus on the cause of the work restrictions, not the AMA Guides impairment, and that defendant's vocational apportionment opinion was both improper (vocational experts cannot opine on medical causation per Nunes) and not substantial evidence (mere surmise providing a range).