Valencia, Emilio

Emilio Valencia, an asbestos removal worker, sustained an admitted lumbar spine injury on September 25, 2017. After arbitration under an ADR agreement (Basic Crafts Workers' Compensation Program), the workers' compensation arbitrator (WCA) initially awarded interim permanent disability of 54 percent and deferred the issue of total disability pending development of the record on applicant's vocational rehabilitation feasibility, ultimately finding permanent total disability based on applicant's vocational expert Mr. Simon. Defendant sought reconsideration, arguing the WCA lacked authority to order development of the record after the initial April 8, 2024 award and that the defense vocational expert (Mr. Westman) was more persuasive. The Appeals Board granted reconsideration to allow further study of the merits, deferring a final decision, and noted that further development of the record may be appropriate. The Board also addressed timeliness under amended Labor Code section 5909 and confirmed the WCA had authority under sections 5272 and 5701 to develop the record.