ADJ14292485 · September 4, 2026

The WCJ and WCAB found substantial medical and vocational evidence supporting applicant's permanent and total disability, including credible medical expert opinions and vocational expert reports showing applicant is not amenable to rehabilitation or employment.

From the decision · page 1Defendant seeks reconsideration of the June 25, 2026 Amended Findings and Award (F&A), wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a highway patrol officer on October 1, 2020, sustained injury arising out of and in the course of employment (AOE/COE) to his brain, psyche, neuropsychiatric system, cervical spine, and thoracic spine. The WCJ found that applicant’s injuries resulted in permanent and total disability. Defendant contends that the WCJ failed to adequately consider applicant’s residual functional capacity and post-injury activities. Defendant further asserts the WCJ erred in rejecting defendant’s vocational expert reporting and that the evidentiary record does not support a finding of permanent and total disability. We have received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. We have considered the Petition for Reconsideration, the Answer, and the contents of the Report. Based on our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate, and for the reasons set forth below, we will deny reconsideration.

Applicant sustained admitted industrial injury to brain, psyche, neuropsychiatric system, cervical and thoracic spine on October 1, 2020.

Favours Applicant prevailed

This injury is the basis for the permanent disability claim and medical evaluations.

Multiple medical experts diagnosed significant impairments and assigned whole person impairment ratings, supporting permanent disability.

Favours Applicant prevailed

Medical opinions provide substantial evidence of disability and work restrictions.

From the decision · page 2Applicant also applied for disability benefits through the California Public Employees’ Pension and Retirement System (CalPERS). Thereafter, the parties selected agreed medical evaluators (AMEs) Fredric Newton, M.D., in neurology, Stephen Conrad, M.D., in orthopedic medicine, and Jed Sussman, Ph.D., in neuropsychology. The parties also selected qualified medical evaluators (QMEs) Lorenzo Hughes, M.D., in pain management, and Lindsey Hailston, Psy.D., in psychology. On March 30, 2022, neurology AME Dr. Newton conducted a clinical evaluation of applicant and diagnosed a cervical spine flexion/extension injury with myofascial disorder, a secondary cerebral concussion with post-traumatic headache and post-traumatic dizziness, and neuropsychiatric symptom complex. (Ex.

Vocational expert Scott Simon concluded applicant is not amenable to rehabilitation or employment due to injury-related restrictions.

Favours Applicant prevailed

Vocational evidence supports total permanent disability finding.

WCJ observed applicant's testimony and found him fully credible, giving great evidentiary weight to credibility findings.

Favours Applicant prevailed

Credibility of applicant's testimony supports acceptance of disability claims.

From the decision · page 147-8.) Finally, we observe that inasmuch as the WCJ had the opportunity to observe the demeanor of the applicant at trial, we accord to the WCJ’s finding that applicant was fully credible the great evidentiary weight to which it is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ’s credibility determination(s). (Id.) Based on our review of the entire record, including the medical-legal and vocational reporting, we concur with the WCJ’s conclusion that the reporting of applicant’s vocational expert successfully rebuts the presumptively correct PDRS and establishes that because applicant is not feasible for vocational retraining, applicant’s disability is permanent and total. (Ogilvie, supra, at p. 1274.)

Diagnosed cervical spine flexion/extension injury with myofascial disorder, secondary cerebral concussion with post-traumatic headache and dizziness, and neuropsychiatric symptom complex; assigned whole person impairment and noted MMI.

Supports permanent disability finding based on neurological and physical impairments.

From the decision · page 2Applicant also applied for disability benefits through the California Public Employees’ Pension and Retirement System (CalPERS). Thereafter, the parties selected agreed medical evaluators (AMEs) Fredric Newton, M.D., in neurology, Stephen Conrad, M.D., in orthopedic medicine, and Jed Sussman, Ph.D., in neuropsychology. The parties also selected qualified medical evaluators (QMEs) Lorenzo Hughes, M.D., in pain management, and Lindsey Hailston, Psy.D., in psychology. On March 30, 2022, neurology AME Dr. Newton conducted a clinical evaluation of applicant and diagnosed a cervical spine flexion/extension injury with myofascial disorder, a secondary cerebral concussion with post-traumatic headache and post-traumatic dizziness, and neuropsychiatric symptom complex. (Ex.

Diagnosed multilevel cervical disc disease with right cervical radiculitis and post-concussion syndrome; assigned whole person impairment reflecting compromised activities of daily living.

Supports permanent disability finding based on orthopedic impairments.

From the decision · page 2Applicant also applied for disability benefits through the California Public Employees’ Pension and Retirement System (CalPERS). Thereafter, the parties selected agreed medical evaluators (AMEs) Fredric Newton, M.D., in neurology, Stephen Conrad, M.D., in orthopedic medicine, and Jed Sussman, Ph.D., in neuropsychology. The parties also selected qualified medical evaluators (QMEs) Lorenzo Hughes, M.D., in pain management, and Lindsey Hailston, Psy.D., in psychology. On March 30, 2022, neurology AME Dr. Newton conducted a clinical evaluation of applicant and diagnosed a cervical spine flexion/extension injury with myofascial disorder, a secondary cerebral concussion with post-traumatic headache and post-traumatic dizziness, and neuropsychiatric symptom complex. (Ex.

Opined substantial incapacity to perform usual job duties due to cervical spine and upper back impairments; no exaggeration of complaints noted.

Supports permanent disability finding based on orthopedic impairments and functional limitations.

From the decision · page 26, Report of Fredric Newton, M.D., dated March 30, 2022, at p. 23.) Applicant’s condition was noted to be at maximum medical improvement (MMI), and the AME assigned whole person impairment for applicant’s headaches and equilibrium-related condition. (Id. at p. 24.) On April 19, 2022, orthopedic AME Dr. Conrad conducted a clinical evaluation of applicant and record review. Dr. Conrad recorded a diagnostic impression of multilevel cervical disc disease with right cervical radiculitis and post-concussion syndrome. (Ex. 7, Report of Stephen Conrad, M.D., dated April 19, 2022, at p. 11.) Dr. Conrad assigned whole person impairment applying a range of motion methodology reflecting compromised activities of daily living. (Id. at p. 14.) On October 18, 2022, Anthony Bellomo, M.D., conducted an Independent Medical Evaluation (IME) of applicant in orthopedic medicine with regard to applicant’s claim for disability retirement with CalPERS. (Ex. 18, Report of Anthony Bellomo, M.D., dated October 18, 2022.) Following a record review and clinical evaluation, Dr. Bellomo opined that

Concluded neurologic impairment caused substantial incapacity to perform usual job duties with physical limitations including inability to pull/drag, stand long periods, walk continuously, run, jump, and climb.

Supports permanent disability finding based on neurological impairments and functional limitations.

From the decision · page 3applicant’s “actual and present orthopedic (neck & upper back area) impairment” resulted in a “substantial incapacity to perform their usual job duties.” (Id. at p. 14.) Dr. Bellomo identified cervical spine work preclusions including “frequent bending at the neck, twisting at the neck, repetitive head and neck motion, lifting, carrying, pulling and pushing,” and upper back preclusions including “frequent lifting, carrying, pulling, pushing and standing.” (Id. at p. 15.) Applicant was further noted to be cooperative with the examination, and “put forth best effort and there was no exaggeration of complaints.” (Id. at p. 17.) On October 26, 2022, Daniel Shalom, M.D., evaluated applicant in relation to applicant’s pending CalPERS benefits claim as the IME in neurology. Dr. Shalom completed a clinical evaluation and a record review and similarly concluded that applicant’s neurologic impairment resulted in “substantial incapacity to perform [his] usual job duties.” (Ex. 19, Report of Daniel Shalom, M.D., dated October 26, 2022, at p. 4.) Applicant’s physical limitations were noted to include an inability to pull/drag an incapacitated person, stand for extended periods of time, walk continuously on foot, and a general preclusion from running, jumping, and climbing. (Id. at p.

Diagnosed concussion and post-concussion syndrome; assigned whole person impairment; opined applicant cannot return to former job due to slow cognitive processing; confirmed no apportionment; slight neurocognitive improvement noted but permanent disability confirmed.

Supports permanent disability finding based on neuropsychological impairments and cognitive limitations.

From the decision · page 35.) On November 14, 2022, neuropsychology AME Dr. Sussman conducted a comprehensive evaluation of applicant including a clinical examination and record review. Dr. Sussman noted applicant was likely past maximum medical improvement. (Ex. 1, Report of Jed Sussman, Ph.D., dated November 14, 2022, at p. 25.) Dr. Sussman noted that “[c]onsidering the applicant’ contemporary neurocognitive test results, complaints, and observations of his behavior, in all probability he cannot return to his former job as a patrol officer for the CHP, even with work restrictions … [h]is cognitive processing, most outstandingly, is too slow to effectively discharge all of his duties as a CHP officer and especially since CHP officers sometimes have to think and react quickly to situations.” (Ibid.) Dr. Sussman identified and assigned whole person impairment without apportionment. On December 17, 2022, neuropsychology AME Dr. Sussman issued a supplemental report identifying the following work restrictions:

Diagnosed chronic PTSD and mild cognitive disorder due to traumatic brain injury; found applicant moderately credible; noted applicant underreports symptoms; assigned whole person impairment.

Supports permanent disability finding based on psychiatric and cognitive impairments.

From the decision · page 4(Ex. 2, Report of Jed Sussman, Ph.D., dated December 17, 2022, at p. 2.) On July 3, 2023, psychology QME Dr. Hailston evaluated applicant, including a battery of testing and review of the medical record. Dr. Hailston found psychiatric injury in the form of chronic post-traumatic stress disorder (PTSD) and a mild cognitive disorder due to traumatic brain injury. (Ex. 12, Report of Lindsey Hailston, Psy.D., dated July 3, 2023, at p. 13.) Dr. Hailston observed that applicant “meets criteria for Post-Traumatic Stress Disorder, Chronic, because he was exposed to a traumatic incident, being hit by a drunk driver, which involved intense fear/the threat of death,” and that applicant further met the relevant criteria for neurocognitive disorder. Applicant was noted to be moderately credible, and that applicant wants “to get better and positive attitude which is why he underreports the severity of his symptoms … [t]he fact he underreported instead of overreporting lent to his credibility.” (Ibid.) On January 15, 2024, psychology QME Dr. Hailston reevaluated applicant via telemedicine. (Ex. 13, Report of Lindsey Hailston, Psy.D., dated January 15, 2024.) Dr. Hailston noted that applicant’s psychometric testing reflected continued understatement of applicant’s condition. (Id. at p.

Assigned whole person impairment to cervical and thoracic spine and pain; issued work restrictions including no driving more than one hour; confirmed permanent disability and inability to return to usual job duties.

Supports permanent disability finding based on pain management and physical restrictions.

From the decision · page 5On May 2, 2024, pain management QME Dr. Hughes reevaluated applicant and determined that applicant’s condition had reached MMI and assigned whole person impairment to the cervical and thoracic spine, and for pain. (Ex. 9, Report of Lorenzo Hughes, M.D., dated May 2, 2024, at p. 5.) On May 15, 2024, the parties undertook the deposition of pain management QME Dr. Hughes. Therein, Dr. Hughes testified in relevant part that he would require a functional capacity evaluation to complete his analysis of work restrictions arising out of applicant’s industrial injury. (Ex. 11, Transcript of Deposition of Lorenzo Hughes, M.D., dated May 15, 2024, at p. 16:9.) On September 23, 2024, applicant completed a functional capacity evaluation. The assessment determined that applicant “demonstrates significant functional impairment for ADLs [activities of daily living], IADLS [instrumental activities of daily living], activities due to cognitive processing from post-concussive syndrome and TBI.” (Ex. 17, Functional Capacity Report, dated September 23, 2024, at p. 4.) Applicant’s ability to return to work was described as follows:

California Labor Code Section 4660.1; Brodie v. WCAB (2007); Fitzpatrick (2018); Almaraz/Guzman (2009); Milpitas Unified School Dist. v. WCAB

Permanent disability is determined by whole person impairment under AMA Guides and PDRS, considering medical record and effect on future earning capacity.

Applied to assess applicant's permanent disability and total disability status based on medical and vocational evidence.

From the decision · page 11In addition to the WCJ’s Report, which we adopt and incorporate, we observe the following. Section 4660.1 provides that permanent disability is determined by consideration of whole person impairment within the four corners of the AMA Guides to the Evaluation of Permanent Impairment, Fifth Edition (AMA Guides), as applied by the Permanent Disability Rating Schedule (PDRS) in light of the medical record and the effect of the injury on the worker’s future earning capacity. (Brodie v. Workers’ Comp. Appeals Bd. (2007) 40 Cal.4th 1313, 1320 [72 Cal.Comp.Cases 565] [“permanent disability payments are intended to compensate workers for both physical loss and the loss of some or all of their future earning capacity”]; Department of Corrections & Rehabilitation v. Workers’ Comp. Appeals Bd. (Fitzpatrick) (2018) 27 Cal.App.5th 607, 614 [83 Cal.Comp.Cases 1680]; Almaraz v. Environmental Recovery Service/Guzman v. Milpitas Unified School District (2009) 74 Cal.Comp.Cases 1084 (Appeals Board en banc) as affirmed by the Court of Appeal in Milpitas Unified School Dist. v. Workers’ Comp.

Applicant's testimony was found fully credible by the WCJ after observing demeanor at trial.

From the decision · page 147-8.) Finally, we observe that inasmuch as the WCJ had the opportunity to observe the demeanor of the applicant at trial, we accord to the WCJ’s finding that applicant was fully credible the great evidentiary weight to which it is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ’s credibility determination(s). (Id.) Based on our review of the entire record, including the medical-legal and vocational reporting, we concur with the WCJ’s conclusion that the reporting of applicant’s vocational expert successfully rebuts the presumptively correct PDRS and establishes that because applicant is not feasible for vocational retraining, applicant’s disability is permanent and total. (Ogilvie, supra, at p. 1274.)

Vocational expert Scott Simon's report was found more persuasive and consistent with medical record than defense expert's speculative report.

Applicant's post-injury activities such as limited college attendance, restricted driving, and firearm retention with significant restrictions were considered but did not negate permanent disability finding.

From the decision · page 21Moreover, the doctors and vocational experts were aware of, and considered, applicant’s college attendance post-injury, his firearm retention and his driving capabilities. This evidence and reporting was also considered by the undersigned WCJ. The evidence showing that the applicant went to college post-injury, still has a drivers’ license and still maintains a firearm, does not negate the 100% PD rating. The activities described (attending college, driving, maintaining a firearm) come with significant restrictions post-injury. The applicant has had to drop classes, miss classes, limit driving to country roads, and not use firearms due to cognitive disfunction. The medical experts in this case agree that these restrictions are so significant that the applicant is essentially precluded from the workforce, and the VR report of Scott Simon supports this conclusion.