Marchante Ortiz, Yolanda

Applicant Yolanda Marchante-Ortiz sustained an industrial injury on March 13, 2016 while working as a science specialist for the University of California, Berkeley, affecting her head, back, neck, and resulting in tinnitus, post-concussive syndrome, and traumatic brain injury. The WCJ found 95% permanent disability based on QME Dr. Wayne Anderson's findings, applying a 5% apportionment to a pre-existing genetic tendency toward headaches. Applicant petitioned for reconsideration, arguing for 100% permanent total disability under Labor Code section 4662(a)(4) (injury to the brain resulting in permanent mental incapacity), supported by the QME and vocational evaluator Jeff Malmuth. The Board first resolved a timeliness dispute in applicant's favor due to defective service of the F&A. The Board then granted reconsideration, deferring its final decision to further review the merits, including whether the brain-injury presumption applies (which would preclude apportionment) and whether the record requires further development.