Rose, Michael

Professional baseball player Michael Rose claimed cumulative trauma injury during his career (1995-2010), including traumatic brain injury, orthopedic injuries, and psychiatric injury. Both parties sought reconsideration of a WCJ's Findings and Award that found 64% permanent disability, a $500/week earning capacity, and apportioned 63.5% liability to the Los Angeles Dodgers under Labor Code section 5005. The Board affirmed the admissibility of applicant's treating physician reports (rejecting defendant's argument they circumvented the QME process), affirmed the section 5412 date of injury of September 16, 2013, and rejected applicant's 'in accordance with the fact' total disability theory under Fitzpatrick. However, the Board found the psychiatric reporting of Dr. Greenzang internally inconsistent on predominant causation, found the earnings determination unexplained, and found insufficient evidence on CTE/insidious progressive disease. The Board rescinded the F&A, substituted new findings on injury and date of injury, and deferred earnings, temporary disability, permanent disability, apportionment, the 4662(a)(4) presumption, psychiatric/sleep injury, and pro rata liability, remanding for development of the record.