Anthony Cabrera — ADJ15122456

Applicant Anthony Cabrera, a forklift operator who sustained a serious traumatic brain injury on March 4, 2021, sought reconsideration of a WCJ's finding that he failed to meet his burden of proving entitlement to temporary disability indemnity from February 18, 2022 and continuing. The applicant relied on the reports of his pain management treating physician, Dr. Dahi, while defense relied on neurological evaluations from QME Dr. Verpukhovskiy and Dr. Lin opining the applicant was permanent and stationary from a neurological perspective. The Board found that none of the medical reports constituted substantial evidence on the disability issue: the neurological opinions addressed only neurological symptoms while deferring to orthopedic, psychological, and pain management specialists, and Dr. Dahi merely repeated patient reports without medical reasoning. The Board granted reconsideration, rescinded the Findings, and remanded for further development of the record, noting an AME or regular physician might review the entire record. The outcome reflects that no substantial medical evidence existed on either side regarding TTD status.