WCPanelIQ
PanelMed-legalGranted in Part

Arias, Roberto

ROBERTO ARIAS, Applicant vs. WILLIAMS ROOFING COMPANY; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ6428404
Decision date
Jul 21, 2021
District office
Salinas
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: neck, upper back, lower back, lumbar spine, psyche, sleep disorder, erectile dysfunction/sexual dysfunction

LC §3202.5LC §4659LC §4660.1LC §4663LC §4664LC §5909

Summary

Roberto Arias, a roofer, sustained industrial injury on June 19, 2006 to his neck, upper and lower back, psyche, sleep disorder, and erectile dysfunction. The WCJ initially found 73% permanent disability after applying 25% non-industrial apportionment to the lumbar spine and 5% to the psychiatric disability. On reconsideration, the Appeals Board found that the apportionment opinions of both AMEs failed to constitute substantial evidence under Escobedo, and that applicant rebutted the scheduled rating through vocational evidence showing he was unemployable. The Board rescinded the apportionment findings and substituted an award of 100% permanent total disability with no legal basis for apportionment.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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