Applicant Jose Mejia, a semi-truck driver/laborer, sustained an admitted industrial injury on August 4, 2010 to multiple body parts including the cervical, thoracic, and lumbar spine, psyche, internal medicine, neurologic, and otolaryngologic systems. The WCJ found applicant permanently and totally disabled without apportionment, relying on the aggregate medical-legal record (AME and multiple QMEs), the primary treating physician's opinions, applicant's vocational expert, and credible trial testimony from applicant's son. Defendant sought reconsideration, arguing that the vocational expert's report was not substantial evidence and that the award should reflect orthopedic apportionment found by AME Dr. Lundeen. The Board affirmed, holding that the WCJ properly based the PTD determination on the entire record (not primarily the vocational expert), and that because the only nonindustrial apportionment came from the orthopedic AME, the WCJ correctly relied on applicant's psychiatric, internal medicine, and neurologic disabilities—combined with the apportioned orthopedic impairment—to find unapportioned total disability arising solely from industrial factors.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.