Ernesto Guzman — ADJ12792074

Roofer Ernesto Guzman fell approximately 23-24 feet onto hard-packed dirt, fracturing his right wrist and left femur, and claimed industrial injury to his right arm, right wrist, left wrist, left hip, and psyche. The WCJ found 57% permanent disability after apportionment, applied the 'violent act' exception under section 4660.1, and found applicant failed to rebut the PDRS with vocational evidence. Applicant sought reconsideration, arguing his vocational expert established 100% permanent total disability and that he rebutted the scheduled rating under section 4660.1(g) and the LeBoeuf/Ogilvie/Dahl line and Nunes I/II. The Board granted reconsideration, finding the QME psychology report (Dr. Freiha's supplemental report) was not substantial medical evidence and that the vocational experts and QMEs had not been cross-provided with each other's reports. The Board rescinded the F&A and remanded for further development of the record on the applicability of section 4660.1, the violent act exception, and the vocational rebuttal/apportionment analysis.