Bushey, Jacob

Applicant, a CHP patrol officer, sustained an admitted cumulative psyche injury through November 5, 2017. The WCJ found applicant 100% permanently disabled, holding that PQME Dr. Palmer's apportionment opinion was not substantial evidence and that vocational evidence rebutted the scheduled 40% rating because applicant could only function in a sheltered work environment. Defendant sought reconsideration solely on apportionment, arguing the WCJ should have adopted Dr. Palmer's apportionment (10% or 13% nonindustrial). The Board denied reconsideration, adopting the WCJ's Opinion and Report, finding Dr. Palmer's opinions improperly apportioned 'injury' rather than 'permanent disability,' relied on an undefined 'maintenance' concept, and failed to explain the change from 10% to 13% nonindustrial. Without legal apportionment, applicant was entitled to an unapportioned 100% award.