Anastacio Lamas — ADJ7644093

Anastacio Lamas, a 46-year-old construction laborer, fell 11-12 feet off a roof on September 14, 2010, sustaining catastrophic industrial injuries to multiple body parts including his right leg, shoulder, lumbar spine, psyche, and internal systems. The WCJ found applicant 100% permanently totally disabled without apportionment, awarding lifetime PD indemnity at $849.57 per week. Defendant sought reconsideration, arguing the medical and vocational evidence did not constitute substantial evidence, that apportionment for internal and shoulder conditions was improperly denied, and that the WCJ wrongly relied on Labor Code section 4662(b) 'in accordance with the fact' contrary to Fitzpatrick. The WCAB denied reconsideration, holding the finding was properly predicated on vocational rebuttal evidence under Ogilvie demonstrating applicant was not amenable to rehabilitation and had a greater loss of future earning capacity than the scheduled rating, distinguishing Fitzpatrick because that case involved no vocational rebuttal evidence.