Hernandez, Roberta

Roberta Hernandez, a medical records director, sustained an industrial back injury on August 21, 2019 after falling, with QME orthopedist Dr. Brian Grossman assigning 30% WPI and significant work restrictions. Applicant's vocational expert (P. Steve Ramirez) opined she was not employable or amenable to vocational rehabilitation based on those work restrictions, while the WCJ initially found only 45% permanent partial disability. On reconsideration, the Board majority found applicant rebutted the scheduled rating under LeBoeuf/Ogilvie and found permanent total (100%) disability. The Board then denied defendant's subsequent petition for reconsideration, rejecting Dr. Grossman's apportionment opinion as not constituting substantial medical evidence under Escobedo. Commissioner Razo dissented, arguing the vocational evidence overstated the work restrictions and that chronic pain is already accounted for in the AMA Guides.