Anbessie, Abiy

Applicant Abiy Anbessie, a security guard, sustained an industrial injury on September 17, 2016 to his back, head, and hearing loss (including left mastoiditis), but the WCJ found no injury to the left eye in an October 13, 2023 Findings & Award. Applicant petitioned for reconsideration arguing the record required further development on the left eye injury issue. The Board dismissed the Petition as untimely because it was filed November 17, 2023, more than 25 days after service of the decision, and the time limit is jurisdictional. However, the Board granted reconsideration on its own motion under Labor Code section 5900(b) within 60 days of the decision. The Board found the record on the left eye injury was insufficient and, as a matter of due process, amended the F&A to defer the issues of claimed left eye injury, permanent disability, and attorney's fees, otherwise affirming the F&A.