Mailhot, Jacques

Applicant Jacques Mailhot, a professional hockey player for Fresno Falcons, LLC from 1998-1999, sought reconsideration of an F&A finding 65% permanent disability after apportionment. The Board granted reconsideration, agreeing that the WCJ failed to fix indemnity rates and a commencement date (earnings having been withdrawn from the trial issues) and that the internal medicine reporting of QME Dr. Hendel was not substantial medical evidence because it addressed only a specific injury rather than the claimed cumulative trauma and relied on an inadequate history. Exercising its authority to make new findings on issues not raised in the petition, the Board further found that the apportionment analyses of Drs. Armagan, Nudleman, and Wells failed to meet the standards of Labor Code section 4663 and Escobedo. The Board rescinded the F&A, found Dr. Brautbar's internal medicine reporting to be substantial evidence, deferred permanent disability and attorney fees, and returned the matter to the WCJ for development of the record and a new decision.