Ballantyne, George

Applicant George Ballantyne, an employee of the County of Sacramento (permissibly self-insured), sustained an industrial motor vehicle accident. The PQME, Dr. Charles Xeller, offered conflicting opinions on AOE/COE for the lumbar spine, with his deposition testimony premised on a belief that applicant lied about being rear-ended. The WCJ found Dr. Xeller's deposition opinions unreliable because they were based on an inaccurate history, and instead relied on applicant's credible testimony and Dr. Xeller's earlier reports to award 3% permanent disability to the lumbar spine while finding no industrial hip injury. Defendant petitioned for reconsideration, arguing the WCJ failed to consider Dr. Xeller's deposition testimony. The Appeals Board denied reconsideration, adopting the WCJ's report, and addressed the timeliness of its decision under amended Labor Code section 5909.