Applicant Anna Yarmolenko, an Assistant Store Director, sustained an industrial injury on January 10, 2018 to her head, dental, neck, psych, both eyes, vision, and brain when struck by a falling weight. The WCJ issued a First Amended Findings and Award finding her permanently totally disabled under Labor Code section 4662(b). Defendant petitioned for reconsideration, arguing the PTD finding lacked substantial evidence and improperly relied on '4662(b) in accordance with the fact' without the more specific framework required by Fitzpatrick. The Board granted reconsideration to amend Finding of Fact 13 but affirmed the PTD finding, holding the WCJ properly rebutted the scheduled rating under the LeBoeuf method (Ogilvie) based on substantial vocational evidence showing applicant was unemployable and not amenable to vocational rehabilitation. The Board found the petition timely and rejected defendant's reliance on Rose v. L.A. Dodgers because no traumatic brain injury finding under section 4662(a)(4) had been made.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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