Sarviss, John

Applicant John Sarviss, a helicopter pilot for the City of Los Angeles Department of Water and Power (self-insured), sought reconsideration of a WCJ's F&O which found that, although he sustained injury AOE/COE to his lumbar spine, cervical spine, and lower extremities per stipulation, there was no substantial evidence supporting temporary disability, permanent disability, the nature and extent of injury, or need for further medical treatment. The WCJ found applicant not credible because he repeatedly omitted significant prior nonindustrial injuries (a 1993 helicopter crash with ~20 reconstructive surgeries, a 2011 nonindustrial herniated disc requiring surgery) from his treating and evaluating physicians, rendering all medical reports non-substantial due to incomplete histories. Applicant argued substantial medical evidence existed and that the May 7, 2013 Stipulated Award accepting his cumulative trauma claim justified benefits. The Appeals Board denied reconsideration, holding that none of the medical reports constituted substantial evidence because they were based on inadequate histories, that the stipulation accepting injury deferred all further issues to an AME/PQME, and that under section 4909 prior voluntary benefits were not an admission of liability. The Board gave great weight to the WCJ's credibility determination.