Mauricio Garcia — ADJ10480060

Mauricio Garcia, a transit operator for the City and County of San Francisco, sustained an admitted injury through April 24, 2016. After trial, the WCJ found injury to the left shoulder, arm, hand, and fingers (but not the back), awarded 15% permanent disability, found applicant's vocational expert (Frank Diaz) failed to rebut the permanent disability schedule, yet held defendant liable for the vocational expert costs as reasonable medical-legal expenses under Labor Code section 5811. Both parties petitioned for reconsideration: applicant challenged the finding that the schedule was not rebutted, and defendant challenged the cost liability and an evidentiary exclusion. The WCAB adopted and incorporated the WCJ's report and denied both petitions. The Board affirmed that Diaz's opinion did not rebut the schedule because it relied on temporary work restrictions and found applicant employable, but the costs were nonetheless recoverable because they were reasonable and necessary when incurred.