Smith, Timothy

Timothy Smith sustained an industrial injury during 2000-2004 while working as a loader/unloader/sorter for UPS, affecting his lumbar spine, testicular region, erectile dysfunction, and psychiatric system. The WCJ awarded 61% permanent disability, declining to find permanent total disability based on conflicting vocational expert reports and an alleged opinion from AME Dr. Markovitz. Applicant sought reconsideration, arguing the WCJ erred in not relying on QME Dr. Nehorayan (who found PTD) and VE Ms. Wilson (who found applicant not amenable to vocational rehabilitation). The Appeals Board found that QME Dr. Nehorayan's PTD opinion, standing alone, was unpersuasive under Fitzpatrick, that VE Broadus's opinion was tentative and dependent on Nehorayan, and that VE Wilson's opinion required clarification under Nunes I and Valdovinos. The Board amended the FA&O to defer the issues of permanent disability and attorney fees and remanded for further development of the record, otherwise affirming the decision.