Noel Laceste — ADJ12133509

Applicant Noel Laceste, a pharmaceutical technician, sustained a September 23, 2018 industrial injury to his cervical spine when a malfunctioning motorized door struck the back of his neck, with a compensable consequence injury to his lumbar spine. The WCJ found applicant permanently and totally disabled (100% PD) based on PQME Dr. Ryan Derby's reporting, the functional capacity evaluation (FCE) of Rachel Feinberg, DPT (adopted by Dr. Derby over a competing FCE by Dr. Trivedi), and vocational expert Frank Diaz's opinion that applicant was not amenable to vocational rehabilitation, thereby rebutting the PDRS under LeBoeuf and Ogilvie. Defendant petitioned for reconsideration, arguing the evidence did not support the findings, challenging the WCJ's treatment of a failed self-initiated online course as a failed rehabilitation attempt, and asserting applicant's refusal of an ablation procedure and functional restoration program created an evidentiary gap. The Appeals Board adopted and incorporated the WCJ's Report, found the opinions of Dr. Derby and Mr. Diaz constituted substantial evidence, gave great weight to the WCJ's credibility determination, and denied the Petition for Reconsideration.