Steve Freitas — ADJ12941269

Applicant, a Toyota delivery specialist, sustained industrial injury to both knees over a cumulative period (1991-2019) and the WCJ found permanent total disability based on PQME Dr. Bernhardt's reporting, a functional capacity evaluation (FCE), treating physician Dr. Jamasbi's adopted opinions, and applicant's vocational expert (VE) Oomecke. Defendant sought reconsideration contending the AMA Guides rating (48% PDRS) was not rebutted and that the VE and PTD findings lacked substantial evidence. The Board held that neither the FCE nor the medical opinions clearly identified which work restrictions were attributable solely to the industrial knee injury (as opposed to non-industrial factors like prior carpal tunnel/ulnar releases, obesity, asthma, or hypertension), rendering both the medical and vocational opinions non-substantial. The Board granted defendant's petition, rescinded the Amended F&A, and remanded for development of the record on work restrictions and AMA Guides impairment. Applicant's skeletal alternative petition was dismissed as moot and procedurally deficient.