Haynes, Steven

Steven Haynes, an ironworker, sustained industrial injury to his neck, mid-back, and low back on October 8, 2018, with the case proceeding through the Ironworkers' collectively bargained ADR program under Labor Code section 3201.5. The arbitrator found applicant rebutted his 81 percent scheduled rating and was permanently and totally disabled without apportionment, relying on QME Dr. Cabayan and vocational expert Frank Diaz. Defendant sought reconsideration, challenging the addition of disability percentages, rejection of nonindustrial apportionment, and substantiality of the medical and vocational reporting. The Appeals Board first addressed the Shipley equitable tolling issue (since the petition was not received within 60 days through no fault of the parties) and confirmed jurisdiction. On the merits, the Board affirmed the finding of permanent total disability based on applicant's non-feasibility for vocational rehabilitation, amending the findings to clarify that PTD rests solely on vocational non-feasibility and to remove references to vocational apportionment per Nunes.