Thompson, Marvin

Marvin Thompson, an operations supervisor for ABF Freight Systems, sustained an industrial right ankle/tibia fracture on August 30, 2010, which after unsuccessful surgery led to DVT, a pseudoaneurysm, CRPS, and psychiatric injury. The WCJ found injury to the right ankle, right lower extremity (bones, veins, arteries, nerves, tendons), and psyche, awarding permanent total disability based on Dr. Magpile's reports, PQME findings, and vocational expert Mark Remas's unrebutted opinion. Defendant sought reconsideration arguing the additional body parts were not supported, that Dr. Houts's report was an inadmissible product of impermissible doctor-shopping, and that the PTD finding lacked substantial evidence under Fitzpatrick. The Appeals Board affirmed, holding Dr. Houts was a secondary treating physician (admissible under Labor Code § 4061(i)), that Fitzpatrick was distinguishable because applicant offered admissible vocational rebuttal evidence while defendant offered none, and that the medical and vocational evidence together justified the PTD finding.