Herb, Douglas

Applicant Douglas Herb, a Deputy/Police Officer for the County of Los Angeles, was found by the WCJ to have sustained industrial injury to his internal system (GERD, IBS, hypertension), head (headaches), and sleep, resulting in 71% permanent partial disability without apportionment. Defendant sought reconsideration arguing that AME Dr. Ronald Kent's reporting was not substantial medical evidence and that his use of the trigeminal neuralgia analogy (Chapter 13) rather than the pain chapter (Chapter 18) of the AMA Guides was unsupported. The WCAB found Dr. Kent's reporting constituted substantial medical evidence, supported by his own examination plus the reporting of Drs. Nudleman and Meth confirming insomnia. The Board held that Dr. Kent adequately explained his reasons for rating the headache impairment by analogy to trigeminal neuralgia under Chapter 13 instead of Chapter 18, consistent with Almaraz/Guzman. Reconsideration was denied.