Espinoza, Braulio

Applicant Braulio Espinoza, a wallboard laborer, suffered a 2015 crush injury to his left leg, with compensable consequence injuries to his lumbar spine, right hip, and psyche. The WCJ found whole person impairment under the AMA Guides based on AME Dr. Campbell (20% LLE functional, 9% LLE scarring/tenderness, 8% lumbar spine, 3% right hip), deferred the issue of psychiatric rating pending further development, and found that the vocational report of Frank Diaz did not rebut the scheduled rating to establish 100% permanent total disability. Applicant sought reconsideration arguing his vocational evidence rebutted the standard rating and established permanent total disability. The Appeals Board granted reconsideration, finding the record was not supported by substantial evidence and that the WCJ's finding on vocational rebuttal was premature because a strict rating (including the deferred psychiatric component) must be determined before the rebuttal issue can be addressed. The Board deferred a final decision pending further study of the factual and legal issues.