Mendoza, Cecilia

Cecilia Mendoza, a farm laborer, sustained industrial injury to her left shoulder, neck, left lower arm, and upper back on August 27, 2017. The PQME, Dr. Gary Bocci, produced reports that the parties stipulated rated 25% permanent disability after all adjustments under the AMA Guides and 2005 PDRS. Applicant attempted to rebut the scheduled rating using her vocational expert, Jeff Malmuth, who opined she had sustained a total loss of earning capacity. The WCJ found Malmuth's report unpersuasive because it relied on incorrect lifting restrictions (3-5 lbs versus the actual 10-15 lbs), incorrect complaints regarding driving limitations and sleep disruption, and conclusions that were undermined by applicant's actual participation in vocational rehabilitation. The Appeals Board affirmed, holding that neither vocational expert's opinion constituted substantial evidence sufficient to rebut the scheduled 25% permanent disability rating.