Arguello, Rick

Applicant Rick Arguello, a CDCR employee at the California Institute for Men, claimed psychiatric and internal injuries from a September 8, 2018 specific injury involving exposure to bloodborne pathogens (HIV-positive blood). The WCJ issued a First Amended Findings and Award granting an unapportioned, combined permanent disability award based on the reporting of psychiatric QME Dr. Perry Maloff and internal medicine QME Dr. Graham Woolf. Defendant petitioned for reconsideration, arguing the QME reports were not substantial evidence on apportionment, that Dr. Woolf misapplied Class 2 of Table 6-3 of the AMA Guides absent weight loss, and that the psychiatric and internal impairments improperly overlapped. The Board majority adopted the WCJ's Report and denied reconsideration. Commissioner Razo dissented, arguing that neither QME report constituted substantial evidence on causation/apportionment and that the record should be developed further.