Gelfand, Ilene

Applicant Ilene Gelfand sought reconsideration of a January 17, 2024 Joint Findings and Award that found permanent partial disability (10% for the 2014 specific injury and 65% for the cumulative trauma injury) but rejected her claim of permanent total disability. The WCJ found applicant's vocational expert (Anthony Reyes) reporting was not substantial evidence because it failed to account for valid medical apportionment, applying the en banc decisions in Nunes I and Nunes II. The Board agreed the current vocational reporting did not constitute substantial evidence, but noted that the vocational reports predated the Nunes decisions and that discovery had closed before Nunes I & II issued. Citing due process concerns and the Board's authority to develop the record, the Board granted reconsideration, rescinded the F&A, and remanded for supplemental medical and/or vocational reporting consistent with Nunes.