Chavez Valenzuela, Rogelio

Applicant Rogelio Chavez Valenzuela sustained two industrial injuries while working as a machine operator: a head and cervical spine injury on May 22, 2010, and a left shoulder, trapezius and cervical spine injury on December 4, 2010. He claimed his head injury caused a seizure disorder and also raised a claimed Chiari malformation/syrinx, plus entitlement to temporary disability from August 13, 2011 to November 16, 2011. The AME neurologist, Dr. Kasman, found within reasonable medical probability that 100% of applicant's seizures were nonindustrial, and the WCJ found the seizures non-industrial and denied the TD period. On reconsideration, the Board affirmed the F&A finding that Dr. Kasman's opinion was substantial evidence and that applicant failed to prove entitlement to TD, but amended Finding of Fact 3 to delete the WCJ's erroneous reliance on the rationale that TD cannot be awarded more than five years from the date of injury.