Regalado, Andrew

Applicant Andrew Regalado, a furniture mover, sustained an industrial injury on November 7, 2014 to the lumbar spine, psyche, and erectile dysfunction. The WCJ found 100% permanent total disability with no apportionment and awarded PTD indemnity at the TTD rate of $354.31 weekly subject to SAWW increases. Defendant sought reconsideration, arguing the PTD finding lacked substantial evidentiary support because applicant's testimony about cane and walker use was not reported to evaluators, and that applicant's felony conviction was a non-industrial factor affecting his labor market access under Leboeuf. The Appeals Board denied reconsideration, finding applicant's vocational expert (Simon) constituted substantial evidence rebutting the PDRS while defendant's expert (Diaz) offered speculative work-hardening conclusions, and holding that Diaz's 10% 'vocational apportionment' for the felony conviction was invalid under Nunes.