Eduardo Lopez Soto — ADJ14028414

Applicant Eduardo Lopez Soto, a construction laborer, claimed injury to his low back and right lower extremity arising from work on September 20, 2019. QME Dr. McGahan found applicant permanent and stationary (P&S) as of November 4, 2020, and reaffirmed that date in a supplemental report unless surgery occurred. Applicant sought reconsideration arguing that treating physician Dr. Smolins's reports were substantial evidence of continuing temporary total disability. The Board granted reconsideration but rescinded the WCJ's TD finding, holding that Dr. Smolins's reports—which assigned work restrictions but never addressed P&S status—were not substantial evidence of TTD, while Dr. McGahan's uncontradicted opinion established P&S as of November 4, 2020. The Board found applicant was not entitled to TD indemnity beginning November 26, 2020, noting his disability status could change if he undergoes surgery.