Von Tungeln, Scott

Scott Von Tungeln, a 57-year-old auto mechanic, sustained a cumulative trauma injury from 1987 to 2017 affecting his cervical spine, lumbar spine, bilateral hips, hands, wrists, hypertension, upper GI system, psyche, headaches, and hearing loss. The WCJ found 89% permanent disability after applying medical apportionment to non-industrial factors that the parties had stipulated was legal and valid. Applicant petitioned for reconsideration, arguing his vocational expert (Mr. Vega) established permanent total disability with 100% industrial causation because no pre-existing impairment had caused work disablement. The Appeals Board, applying Nunes I and II, held that Vega's opinion constituted impermissible 'vocational apportionment' because it relied on facts that were not germane (no prior work restrictions, ability to perform job, no wage loss). The Board affirmed the 89% award, also noting applicant could not disregard the medical apportionment he had stipulated to absent good cause.