Miguel Chavez — ADJ9261579

Applicant Miguel Chavez, a correctional officer, sustained an admitted cumulative industrial injury in the form of hypertensive cardiovascular disease, resolved by stipulated award of 54% PD in 2014. He filed a timely Petition to Reopen for new and further disability after suffering a TIA/stroke at work in November 2013. QME Dr. Majcher ultimately assigned 70% WPI but based that rating on applicant's blood pressure readings at the time of the 2013 stroke rather than at the time of his 2017 permanent and stationary examination, when applicant's blood pressure was normal (which would yield only 30% WPI). The WCJ found no increase in PD. The Board held Dr. Majcher's opinion was not substantial evidence because it rested on an incorrect legal theory regarding the timing of WPI determination, rescinded the F&A, and remanded for further development of the record.