Fisher, Sean

Sean Fisher, a 29-year-old core drill operator, suffered an accepted industrial injury on 5/2/2017 (also cited as 5/17/2017) to his head, brain, back, cervical spine, psyche, sleep, hearing and vision when an object fell off a drilling rig, struck him, and knocked him off a platform six feet to the ground. Although the AME reports added to less than 100% scheduled permanent disability, the WCJ found the applicant 100% permanently disabled by rebutting the scheduled rating under Ogilvie, relying on the vocational expert opinion of Eugene Van de Bittner that the applicant's frequent, unpredictable, debilitating headaches (four to five times weekly) rendered him unable to maintain any work schedule. Defendant petitioned for reconsideration, arguing the evidence was not substantial and the applicant failed to rebut the scheduled rating. The Board granted reconsideration solely to correct the identity of the defendant insurance carrier to Midwest Employers Casualty Company, and otherwise affirmed the April 26, 2023 Findings and Award awarding permanent total disability.