Lopez v. Swift Transportation (2024 Cal. Wrk. Comp. P.D. LEXIS 59)

The WCAB held that a vocational expert’s opinion did not constitute substantial evidence to support an award of permanent total disability.

The vocational expert attempted to provide medical opinions that were outside the scope of his expertise.

The WCAB found the expert’s opinions that there was no apportionment on a vocational basis, that the applicant had recovered fully from one of the alleged injuries, that he was precluded from participating in vocational rehabilitation, and that his left knee was a compensable consequence of the right knee injury were medical issues that were outside of the scope of his expertise as a vocational evaluator.

The WCAB also granted reconsideration because it believed the defendant’s due process rights were violated because the report was served after the mandatory settlement conference.