William Keogh — ADJ9518215

Applicant William Keogh, a custodian for the City of Los Angeles, sustained a March 4, 2014 industrial injury to multiple body parts and was found 100% permanently disabled without apportionment by a workers' compensation arbitrator (WCA). Defendant sought reconsideration, arguing the F&A should adopt the apportionment findings of rheumatology AME Dr. Levine, while simultaneously contending Dr. Levine's permanent disability findings were not substantial medical evidence because he failed to re-evaluate applicant after reviewing sub rosa video footage. The Board rejected these arguments, holding that applicant had successfully rebutted the PDRS through the substantial vocational evidence of expert Mr. Vega, who properly considered medical apportionment. The Board found both Dr. Levine and Mr. Vega had reviewed the sub rosa footage and explained why it did not change their opinions. The petition was denied.