Ellen Strauss — ADJ10389789

Applicant Ellen Strauss, a 68-year-old office manager, sustained a cumulative trauma injury to her bilateral shoulders and wrists plus a station and gait disorder, resulting in a 100% permanent total disability award based on QME Dr. Charles's opinion supported by an FCE by Dr. Bubanja. Defendant sought reconsideration arguing it was denied due process because QME Dr. Charles died before reviewing defendant's vocational rebuttal report by Mr. Simon, and that the record was inadequate without medical review of that report. The WCJ found applicant not amenable to vocational rehabilitation under Ogilvie/LeBoeuf, relying on the uncontested FCE finding applicant could not perform even sedentary work and the corroborating trial testimony. The Board affirmed, holding that Mr. Simon's report did not constitute substantial evidence because it failed to address the FCE findings and applicant's actual work limitations, and that appointing a new QME would not produce a more favorable result. The Petition for Reconsideration was denied.