Kenneth Ashman — ADJ9077153

Correctional officer Kenneth Ashman sustained injuries to multiple body parts and psyche in a July 23, 2013 motor vehicle accident in which he was T-boned. The WCJ found 87% permanent disability, rejected defendant's apportionment of the cervical spine disability, awarded psychiatric permanent disability, and reserved jurisdiction over future attorney fees. Defendant sought reconsideration, arguing the accident was not a violent act, that QME Dr. Pelton's apportionment opinion was substantial evidence, and that there was no basis for reserving attorney fee jurisdiction. The Board affirmed that the motor vehicle accident was a violent act under section 3208.3 (so psychiatric PD was compensable), but found Dr. Pelton's cervical spine apportionment opinion did not constitute substantial evidence because he failed to explain his assumptions and did not comply with Escobedo. The Board amended the F&A to defer the issues of permanent disability and attorney fees and returned the matter to the WCJ for development of the record.