Hank Burns — ADJ14292485

CHP officer Hank Burns sustained an admitted industrial injury on October 1, 2020 when his patrol vehicle was struck head-on by a drunk driver, causing injuries to his brain, psyche, neuropsychiatric system, cervical spine, and thoracic spine. The WCJ found the injuries resulted in permanent and total disability, concluding that applicant's vocational expert successfully rebutted the 80% scheduled PDRS rating by demonstrating applicant was not amenable to vocational rehabilitation. Defendant sought reconsideration, arguing the WCJ failed to consider applicant's residual functional capacity and post-injury activities (community college classes, unrestricted driver's license, concealed weapon permit), improperly rejected its vocational expert's report, and that the record lacked substantial evidence for permanent total disability. The WCAB denied reconsideration, adopting the WCJ's Report and finding that the totality of medical-legal and vocational evidence supported the finding that applicant was not feasible for retraining. The Board emphasized the pervasive work restrictions from AME Dr. Sussman and QME Dr. Hughes, and noted even the defense vocational expert conceded applicant's restrictions precluded work.