Jelenic, Robert

Applicant Robert Jelenic sustained an admitted industrial injury in a June 10, 1997 motor vehicle accident, and the WCJ found injury to his upper/lower back, neck, head, and psyche causing permanent total disability, with no apportionment under Labor Code section 4662(a)(4). Defendant sought reconsideration, arguing the medical evidence did not support PTD, that medical experts deferred vocational feasibility to vocational experts, and that the WCJ ignored AME Dr. Richman's supplemental report finding 50% apportionment to a prior non-industrial 1992 brain injury. The majority agreed section 4662(a)(4)'s conclusive presumption was inapplicable (no diagnosis of 'permanent mental incapacity') but affirmed PTD based on a combination of substantial medical evidence (Drs. Richman and Friedman) and vocational evidence (Ms. Worthington) under the 1997 PDRS and LeBoeuf. The majority rejected Dr. Richman's apportionment opinion as speculative and not framed in work restrictions under the 1997 PDRS, finding defendant failed to meet its burden under section 4663. Commissioner Razo dissented, arguing the record required a new formal rating and further development on apportionment of the neurological disability to the 1992 injury.