Armando Gatewood, Sr. — ADJ9933107

Applicant Armando Gatewood, Sr., a wastewater collection worker, sustained an industrial injury on March 6/16, 2015 when he fell and struck his head, requiring craniectomy and multiple surgeries with severe cognitive, neurologic, and physical sequelae. The Arbitrator found applicant 100% permanently totally disabled under Labor Code section 4662(a)(4) (total mental incapacity) and alternatively under LeBoeuf, with all disability apportioned to the industrial traumatic brain injury per the AMEs and QME. The self-insured City of Los Angeles petitioned for reconsideration, arguing the Arbitrator failed to develop the record by ignoring eyewitness testimony and surveillance video, and that the medical and vocational opinions were not substantial evidence. The Appeals Board denied relief and affirmed the Findings and Award, adopting the Arbitrator's Report. The Board reasoned the City had stipulated to injury, failed to provide the eyewitness evidence to evaluators despite knowing of it from the date of injury, and that the surveillance video was actually considered and was insignificant. The Board also addressed Shipley tolling because the petition did not reach the Board within 60 days.