Erick Alvarez — ADJ10680599

Applicant Erick Alvarez sustained serious injuries in a 2016 motor vehicle accident while working as a furniture worker, including being ejected through a windshield and pinned under a flipped truck. After trial on the record, the WCJ found compensable injuries to numerous body parts including psyche and traumatic brain injury, and held that the increase in permanent impairment for psyche and TBI was not barred by Labor Code section 4660.1(c)(1) because the psychiatric injury was directly caused by the injury rather than as a compensable consequence. The WCJ deferred the urological/sexual dysfunction issues for further development of the record because Dr. Wachs's report did not constitute substantial medical evidence. Defendant petitioned for reconsideration and removal, arguing duplication of cerebral impairment, that sexual dysfunction is barred by section 4660.1(c)(1), improper disallowance of apportionment, and prejudice from further discovery. The WCAB denied the petition, adopting the WCJ's Report, finding that the WCJ had not actually issued findings on permanent disability or apportionment (those were deferred) and that the decision was final and subject to reconsideration rather than removal.