Villalobos, Juan

Applicant Juan Villalobos, a 59-year-old industrial painter, sustained a specific injury to his left eye on August 14, 2013 (ADJ9174557) and a cumulative trauma injury through that date to his cervical spine, lumbar spine, right shoulder, bilateral knees, and bilateral hearing loss (ADJ9174544). The WCJ awarded 14% PD for the eye, 92% PD for the CT, plus periods of TTD and future medical care. Defendant petitioned for reconsideration challenging the TTD award (arguing it should be capped at 104 weeks and run concurrently), the failure to apportion PD, and reliance on the evaluating physicians. The Board affirmed in most respects but rescinded the 26% PD attributed to the left shoulder—which AME Dr. Abelow found was 100% due to a prior industrial injury and which was never an accepted or disputed body part—reducing the CT PD from 92% to 89%. The Board also amended the TTD period to run 104 weeks from August 18, 2013 through August 16, 2015 with a 28-day overlap credit consistent with the WCJ's Report.