DEPARTMENT LOPES vs. HILTON CONSTRUCTION, INC.; CIGA, By Its Servicing Facility BROADSPIRE, A CRAWFORD COPMANY, FOR LEGION INSURANCE COMPANY, In Liquidation

The Workers' Compensation Appeals Board granted reconsideration and amended an award, finding the applicant entitled to an unapportioned permanent disability award based on a Qualified Medical Evaluator's (QME) findings. The Board found that vocational rehabilitation experts' opinions were not substantial evidence as they failed to differentiate between industrial and non-industrial factors impacting the applicant's ability to compete in the labor market. The Board also agreed with the trial judge that the QME's apportionment opinion lacked substantial medical evidence due to its speculative nature and absence of objective reasoning. Therefore, the award was rescinded and returned for a new award of permanent disability without apportionment.