Rainey, Norman

Applicant Norman Rainey timely filed a Petition to Reopen for new and further disability on February 10, 2016, within five years of his cumulative trauma injury (April 21, 2010 to April 21, 2011), following a November 20, 2014 stipulated Award. After trial, the WCJ found no injury to certain body parts, found the Board lacked jurisdiction over the left shoulder, feet, and psyche, and ordered development of the record on permanent disability and apportionment because the orthopedic AME (Dr. Angerman) died before completing his reporting. Both parties sought reconsideration; defendant argued no jurisdiction existed after the AME's May 25, 2017 P&S report, while applicant argued the record need not be developed because demonstrable change was already shown. The Board denied defendant's petition, granted applicant's petition, rescinded the F&O, and substituted new findings deferring all issues and ordering development of the record. The Board held that once continuing jurisdiction under section 5410 is timely invoked by a petition to reopen, that jurisdiction continues until the petition is resolved, even beyond five years.