Valdez, Vincent

Vincent Valdez, a 59-year-old laborer, sustained an admitted injury to his dominant right hand and fingers on August 30, 2016, when a board hyperextended his fingers and caused a fracture through a pre-existing enchondroma (bone tumor). AME orthopedic hand specialist Dr. Leonard Gordon apportioned 40% to the underlying enchondroma and 60% to the industrial injury, and the WCJ found 24% permanent disability after apportionment. On a prior reconsideration, the Board had rescinded the WCJ's earlier decision and returned the matter so Dr. Gordon's underlying reports could be admitted to substantiate apportionment. After augmenting the record with the 2017 and 2018 reports, the Board found Dr. Gordon's apportionment opinion remained conclusory and not substantial medical evidence, particularly because his apportionment was rendered years before applicant was permanent and stationary and given impairment factors. The Board granted reconsideration, struck the apportionment, awarded an unapportioned 40% permanent disability, but affirmed the WCJ's rejection of applicant's vocational rebuttal evidence.