Vaccaro, Christina

Christina Vaccaro, a bartender, sustained an admitted June 23, 2018 industrial injury including fractures to the left shoulder, left hip, and femur, with injuries also to the neck and back. The parties used Dr. John Lavorgna as the AME, who assigned WPI ratings and severe work restrictions, including that applicant must lie down 'most of the day' and use a cane full time. The WCJ found applicant permanently totally disabled based on the AME's restrictions and both vocational experts' opinions, and defendant petitioned for reconsideration arguing the medical and vocational reporting did not support 100 percent permanent disability. The Appeals Board denied reconsideration, adopting the WCJ's report and concluding that even defendant's own vocational expert conceded a 100 percent loss of earning capacity if applicant's need to lie down most of the day exceeded employer tolerances. The Board reasoned that no employer would tolerate an employee lying down most of the workday, supporting the total disability finding.