Moraido, Job

Applicant Job Moraido sustained an industrial injury on September 20, 2006 to his bilateral upper extremities (including shoulders and wrists), GERD, and psyche while working as an HHSA Administrator III for the County of San Diego, permissibly self-insured. The WCJ found 65% permanent disability after apportionment and concluded applicant failed to rebut the AMA Guides and scheduled rating. Applicant sought reconsideration, arguing entitlement to a conclusive presumption of total disability under Labor Code section 4662(a) (brain injury/CRPS) and a LeBoeuf finding of permanent total disability that is not apportionable. The Appeals Board rejected the section 4662(a) presumption argument but found unresolved issues with the scheduled rating, apportionment, and vocational evidence requiring reexamination consistent with Nunes I and II. The Board affirmed unchallenged portions, rescinded and deferred findings on permanent disability, rebuttal of the scheduled rating, apportionment under section 4663, and attorney's fees, and remanded to the trial level for further proceedings.