Jhairo Garcia — ADJ10499216

Applicant Jhairo Garcia, a sanitation worker, fell from a trailer and sustained accepted injuries to his cervical, thoracic, lumbosacral spine, and psyche. The WCJ found 70% permanent disability based on QME Dr. John Hill's reports and excluded a Labor Code section 4050 report from Dr. Williams. Defendant petitioned for reconsideration arguing Dr. Hill's reports were not substantial evidence (particularly his reliance on flexion/extension X-rays interpreted via chiropractor Schroeder's studies), that TD should reflect seasonal employment, and that Dr. Williams' report should be admitted. The Board (2-1) affirmed, holding Dr. Hill's opinions constituted substantial evidence, defendant failed to meet its burden to prove seasonal employment with no off-season earnings, and Dr. Williams' report was inadmissible under section 4050. Commissioner Razo dissented, arguing Dr. Hill's reliance on Schroeder's interpretations conflicted with radiologist and neurosurgeon findings and was not substantial evidence.