Thompson, Kim

Applicant Kim Thompson, a Deputy Sheriff, sought reconsideration of a May 23, 2023 Joint Findings and Award in which the WCJ found industrial injury to the low back, lumbar spine, esophagitis, stress urinary incontinence, and sensory neurogenic bladder, but determined applicant had not rebutted the pre-April 1, 1997 PDRS and was not permanently and totally disabled, while deferring the nature and extent of injury including thoracic outlet syndrome. The WCAB granted reconsideration and affirmed the decision except for amending Findings of Fact Nos. 7 and 8 to defer the issues of permanent disability and PDRS rebuttal pending development of the record. The Board reasoned that a determination of whether applicant rebutted the scheduled rating was premature because the underlying permanent disability rating had not yet been established. The Board further found applicant raised a colorable issue under LeBoeuf and sheltered-employment case law regarding whether her self-employment constitutes protected work consistent with permanent total disability. The matter was remanded for supplemental AME and vocational reporting on causation, overlap of work restrictions, and whether applicant is medically limited to sheltered employment.