Arellano, Antonio

Applicant Antonio Arellano sustained an industrial head and neck injury on August 24, 2016, when a 500-pound pipe fell on him while working for Griffith Company, requiring surgical removal of skull fragments from the right parietal area, which were replaced with a titanium plate and screws. The sole issue was whether the partial removal of his skull qualified as an 'amputation' under Labor Code section 4656(c)(3)(C), which would entitle him to the 240-week exception to the 104-week cap on temporary disability benefits. The WCJ found the partial skull removal was not an amputation under Cruz v. Mercedes-Benz of San Francisco because the skull is an internal body part, not an external projecting appendage. The Appeals Board majority affirmed, adopting and incorporating the WCJ's Report. Deputy Commissioner Schmitz dissented, arguing the record was insufficient and lacked substantial medical evidence, and would have rescinded and returned the matter for further development of the record.