Applicant Kelly Havanis, a Caltrans mechanic, sustained a 2004 industrial injury to multiple body parts and sought 100% permanent total disability through vocational expert reporting and through rebuttal of the Combined Values Chart (CVC) under Kite. The WCJ awarded 80% PD per the parties' stipulation, rejecting AME Dr. Levine's CVC-rebuttal opinion partly because it exceeded his rheumatology specialty, and rejecting the applicant's vocational expert opinions. On reconsideration, the WCAB held that a doctor's specialty alone does not disqualify expert testimony, that Dr. Levine's CVC-rebuttal opinion was nonetheless not substantial evidence because it focused on body systems rather than ADL overlap or synergy, and that the applicant's vocational expert improperly relied on impermissible 'vocational apportionment' under Nunes. The Board found no party asked the doctors whether the work restrictions causing total disability were 100% industrial, a necessary element for Ogilvie rebuttal. The Board rescinded the F&A and returned the matter to the trial level for development of the record.
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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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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