Vincent Watts — ADJ10856264

Vincent Watts, a 66-year-old forklift operator, sustained an admitted March 24, 2014 industrial injury to his bilateral shoulders, elbows, wrists, hands, and left middle finger. The WCJ found 100% permanent total disability based on rebuttal of the 62% AMA Guides scheduled rating through vocational expert evidence and applicant's credible testimony of significant deterioration. Defendant sought reconsideration arguing that Labor Code section 4660.1 precludes vocational rebuttal, that the vocational opinion exceeded the medical restrictions, that apportionment of the right shoulder was ignored, and that non-industrial factors were improperly considered. The WCAB denied reconsideration, adopting the WCJ's Report, holding that vocational rebuttal remains available post-2013, that applicant's deteriorating condition supported the vocational findings, and that Dr. Tran's right shoulder apportionment was not substantial medical evidence under Escobedo.