Jeronimo Heredia — ADJ10752261

Applicant Jeronimo Heredia, a 54-year-old vineyard fieldworker, sustained a specific industrial injury on April 2, 2016 while shoveling grass, injuring his mid back, neck, left wrist, left shoulder, left elbow, groin, and low back with left-leg radiculopathy. The WCJ found him permanently totally disabled (100% PD) based on applicant's vocational expert Jeff Malmuth and rejected defendant's apportionment evidence from QME Dr. Michael. Defendant sought reconsideration, arguing Malmuth's opinion was not substantial evidence (relying on Contra Costa County v. WCAB (Dahl)) and that the WCJ erred in rejecting apportionment. The WCAB adopted and incorporated the WCJ's Report and Recommendation, distinguishing Dahl because Malmuth performed an individualized assessment supported by formal work restrictions and credible testimony, and found Dr. Michael's 10% apportionment opinion conclusory and not substantial medical evidence under Escobedo. The Petition for Reconsideration was denied.