Guzman, Gilbert

Applicant Gilbert Guzman, a truck driver, sustained an admitted industrial injury on July 17, 2000, to his back, psyche, and urological system while employed by Compass at City of Industry (insured by Zurich). After a Petition to Reopen, the WCJ found applicant permanently and totally disabled, found defendant failed to meet its burden on apportionment, and found no AOE/COE injury in the companion AIM Transportation claim (insured by SCIF). Zurich sought reconsideration, arguing the WCJ should have relied on its QME Dr. Aval, that disability should be apportioned to the AIM cumulative trauma claim, and that applicant was not permanently totally disabled. The Board denied reconsideration, holding that Dr. Einbund's reporting and applicant's vocational expert constituted substantial evidence rebutting the scheduled rating, and that defendant failed to carry its burden of proof on apportionment under Labor Code section 5705.