Maxamillion Hillenbrand — ADJ8195851

Applicant Maxamillion Hillenbrand, a cabinet maker, sustained an industrial injury to his right knee/lower extremity and psyche on October 13, 2009, developing complex regional pain syndrome and a compensable psychiatric condition. The WCJ found 84% permanent disability with an unapportioned award and a 15% increase under Labor Code section 4658(d)(2). Both parties petitioned for reconsideration: applicant argued he was permanently totally disabled, while defendant challenged the 4658 increase and the rejection of psychiatric apportionment. The Board granted applicant's petition, finding the scheduled rating rebutted under Ogilvie and LeBoeuf by medical and vocational evidence establishing total loss of earning capacity and non-amenability to rehabilitation. The Board denied defendant's petition, holding that the AME's apportionment to non-industrial marital issues lacked substantial evidence and that a 100% PD award is not subject to the 4658(d)(2) increase. The matter was returned to the trial level for a new permanent total disability award.