Rodriguez, Mario

Mario Rodriguez, in pro per after dismissing his counsel, sought reconsideration of a February 18, 2025 Findings of Fact and Award finding 49% permanent partial disability arising from a March 4, 2018 industrial injury at Menlo Church. The WCJ relied on multiple Agreed Medical Evaluator reports (orthopedic, neuropsychological, neurological, and ENT) which, after reviewing three days of surveillance video showing applicant engaged in painting, landscaping, and tile work, revised the permanent and stationary date to October 17, 2019, resulting in a temporary disability overpayment finding. Applicant argued the evidence did not justify the findings, that he had discovered new material evidence, and that the findings did not support the award, including challenging the attorney fee calculation. The Appeals Board adopted and incorporated the WCJ's report and denied reconsideration, finding the AME reports constituted substantial evidence. The Board also addressed timeliness under amended Labor Code section 5909, confirming the decision was issued within 60 days of transmission, and separately served applicant's former counsel due to a Labor Code section 5905 service defect.