Ryan Gaskins — ADJ11269770

Applicant Ryan Gaskins, a water truck driver, suffered a rollover accident on October 23, 2017, sustaining a significant traumatic brain injury that included acute and chronic subdural hematoma, post-traumatic seizure disorder, and cognitive impairment requiring an emergency craniotomy. The WCJ found applicant 100% permanently and totally disabled under the conclusive presumption of Labor Code section 4662(a)(4) (brain injury resulting in permanent mental incapacity). Defendant sought reconsideration, arguing there was no substantial medical evidence of 'permanent mental incapacity,' that applicant was not 100% disabled under a strict AMA rating (only 50% WPI), and that the award should be corrected to name National Liability and Fire Insurance Company instead of Gallagher Bassett. The Board affirmed the F&A, finding that the PQME (Dr. Shortz) and neuropsychologist (Dr. Fogel) opinions constituted substantial evidence of permanent mental incapacity despite not using that exact phrase. The Board amended the award only to correct the insurer name and remove Gallagher Bassett.