Mayor, Joseph

Defendant Ross Valley Sanitary District (self-insured, administered by Sedgwick CMS) sought reconsideration of a March 2, 2023 F&A finding applicant Joseph Mayor permanently and totally disabled based on vocational expert reporting that rebutted the scheduled rating. The Board first addressed the timeliness of its August 14, 2023 grant of reconsideration, finding it timely under Shipley because the petition (filed March 23, 2023) was not received by the Appeals Board until June 15, 2023 due to an administrative irregularity beyond the parties' control. The Board granted reconsideration on its own motion, rescinded its January 26, 2024 ODAR, and reissued the decision to address the Shipley timeliness issue and applicant's supplemental pleading. On the merits, the Board found the WCJ's Opinion on Decision inadequate under section 5313 and Hamilton because it failed to explain the apportionment analysis, the basis for finding 49 occupations not feasible, and omitted findings on the claimed right knee and cervicogenic headache body parts, and noted no WCJ Report was prepared. The Board rescinded the F&A and returned the matter to the trial level, partly so the parties could address the admissibility of vocational evidence in light of the Nunes I and Nunes II en banc decisions issued after the F&A.