Avakian, Eddie

Eddie Avakian, a police officer for the City of Baldwin Park, was previously awarded 83% permanent partial disability for injuries to his psyche, cardiovascular system, cervical-thoracic spine, lumbar spine, sleep disorder, and sexual dysfunction. After a timely Petition to Reopen for New and Further Disability, the WCJ found applicant permanently and totally disabled (100%) based on either adding (rather than combining) AME-assessed disabilities or applicant's inability to be vocationally retrained, and awarded increased indemnity retroactive to the last temporary disability payment. Defendant sought reconsideration, challenging the substantiality of the medical evidence supporting addition of disabilities, the vocational evidence, and the retroactive start date. The Board, having granted reconsideration in 2022, issued two intervening en banc decisions (Vigil and Nunes) that directly bear on the issues. Because the existing record analyzed overlap in terms of body parts rather than ADLs (contrary to Vigil) and relied on impermissible 'vocational apportionment' (contrary to Nunes), the Board rescinded the F&A and remanded for development of the record.