Franklin Oliver — ADJ9088316

Franklin Oliver, a former professional football player who played for the San Francisco 49ers, Buffalo Bills, and Tampa Bay Buccaneers from 1975-1981, sought reconsideration of a WCJ's Findings and Award that granted him 98% permanent disability with a life pension. Oliver contended he was permanently and totally disabled (PTD) under Labor Code section 4662(a)(4) (brain injury resulting in permanent mental incapacity) or alternatively under section 4662(b), and that he was entitled to temporary disability and a higher attorney fee. The Board affirmed the F&A, rejecting the PTD claims because the neurological QME (Dr. Nudleman) found only a 20% WPI, insufficient to invoke the conclusive presumption, and there was no vocational evidence to rebut the 98% rating. However, the Board amended the award to reserve jurisdiction over applicant's permanent disability under Gen. Foundry Service v. WCAB (Jackson), finding that applicant's post-traumatic head syndrome and CTE constituted an insidious progressive disease. The Board denied temporary disability and affirmed the 15% attorney fee.