Transito Prieto — ADJ12382729

Defendant sought reconsideration of a WCJ's Partial Findings of Fact and Orders finding that applicant Transito Prieto, a certified nursing assistant, sustained an industrial injury while performing tasks consistent with occupational group number 460. Defendant argued the original Minutes of Hearing were silent as to occupational group number, and alternatively that the WCJ erred because applicant claimed group 340 and defendant claimed group 311, neither of which was 460. The WCJ issued an amended MOH/SOE that listed occupational group number as a trial issue, curing the procedural defect, and found applicant's credible testimony established he physically restrained combative patients akin to an orderly. The WCAB adopted the WCJ's Report and denied reconsideration, holding the WCJ is not bound by the occupational group numbers asserted by the parties and may assign the group reflecting the actual physical demands of the work.