Montiel, Ramon

Ramon Montiel, a 65-year-old plumber, sustained injuries in an 8/19/2018 auto accident while employed by the City of Los Angeles, resulting in a 9/30/2020 stipulated Award of 49% WPI with the parties agreeing 100% of disability was caused by the industrial injury without apportionment. Applicant timely filed a Petition to Reopen for new and further disability under Labor Code sections 5410 and 5803, and after trial the WCJ found a compensable new and further injury to the thoracic spine, raising the combined rating to 76% WPI with no apportionment. The City filed a Petition for Reconsideration challenging only the lumbar spine apportionment and the thoracic spine impairment finding. The WCAB adopted and incorporated the WCJ's Report, finding the AME's opinions substantial, the applicant's testimony credible, and the sub rosa video of no probative value. Reconsideration was denied.