Applicant Shane Perry, an alarm installer, sustained three accepted specific industrial injuries in 2015 (March 26, May 6, and July 18) primarily to his low back, with a compensable consequence hernia following multiple lumbar surgeries. Based on QME reporting (Dr. McGahan in orthopedics, Dr. Noriega in internal medicine) and vocational expert Dr. Van de Bittner's opinion that applicant had 100% loss of labor market access and was not amenable to vocational rehabilitation, the WCJ found permanent and total disability and excluded the defense vocational report of Frank Diaz as untimely. Defendant sought reconsideration, arguing the WCJ failed to consider a subsequent December 25, 2021 fall causing a compression fracture, that the vocational reporting used an incorrect legal standard, and that the defense vocational report was improperly excluded. The Board granted reconsideration solely to exclude applicant's October 4, 2022 rebuttal vocational report (obtained in response to the excluded Diaz report), but otherwise affirmed the PTD finding. The Board agreed the subsequent injury argument was waived and that the vocational expert applied the correct LeBoeuf standard, not a prohibited DFEC analysis.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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