Owens, Vincent

Applicant Vincent Owens, an equipment operator for the City of Richmond, sustained an industrial injury in the form of valley fever (coccidioidomycosis) during a period ending June 1, 2021. After an expedited hearing, the WCJ awarded temporary disability indemnity of $103,682.80 plus further medical treatment. Defendant sought reconsideration, arguing the WCJ failed to determine whether applicant would have retired absent injury and improperly relied on a PQME supplemental report (Dr. Noriega, dated October 18, 2024) produced after applicant filed his DOR asserting discovery was complete. The Board rejected the retirement argument as waived but agreed that admitting the post-discovery PQME report deprived defendant of due process and the opportunity to develop and rebut that evidence. The Board granted reconsideration, rescinded the F&A, substituted findings deferring the temporary disability and attorney's fee issues, retained the medical treatment award, and returned the matter to the trial level.