Applicant, a CAL FIRE fire captain, sustained two admitted cumulative injuries: a 2010 CT (ADJ7757931) settled at 65% PD to neck, back, right knee, and left hip, and a 2013 CT (ADJ9159725) to numerous body parts. After applicant petitioned to reopen, the WCJ awarded 100% permanent total disability without apportionment based on applicant's vocational evaluator. The Board granted reconsideration and rescinded the F&A, holding that the vocational report was not substantial evidence because the evaluator improperly interjected his own medical opinions about applicant's work restrictions (substituting 'clinical judgment' for the AME's medium-work assessment) and opined on apportionment, which is a medical determination. The Board returned the matter to the trial level for further development on the industrial causation of work restrictions, the section 4664(c) reduction issue, and CVC rebuttal.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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