Sanders, Brad

Brad Sanders, a medical assistant injured in a 2009 motor vehicle accident, sustained industrial injury to the brain, spine, lungs, eye, ribs, GI, anxiety, and bladder. After trial, the WCJ ordered development of the record on permanent disability because the parties' AMEs (including Dr. Kasman for the spine) had not issued final permanent disability opinions, found applicant's average weekly wage to be $452.80 via an earning-capacity analysis, and found applicant had not rebutted the 2005 PDRS. Defendant sought removal challenging the order to develop the record, while applicant sought reconsideration arguing he is permanently and totally disabled under Labor Code section 4662(a)(4) and entitled to a statutory-maximum earnings capacity based on his goal of becoming a physician assistant. The Board denied removal, holding development of the record was appropriate where neither side presented substantial evidence on jointly-submitted issues. The Board granted reconsideration, agreeing applicant had not established presumptive total disability or that he could achieve his physician-assistant career goal, but found the wage-capacity analysis incomplete, rescinding the AWW finding and deferring both average weekly wages and the rating-schedule rebuttal issue.