Johnston, Marshall

Marshall Johnston, a professional athlete employed by the California Golden Seals from October 1971 to February 1974, claimed cumulative injury to his cervical spine, lumbar spine, both hands/fingers, and psyche. The WCJ issued a Findings and Award finding 76% permanent disability plus a life pension. CIGA (for Lumbermens Mutual, in liquidation) petitioned for reconsideration, arguing the PD finding was not supported by substantial evidence and that the WCJ deviated from the DEU rater's 60% recommendation without adequate explanation. The Board noted the original formal rating request to the DEU did not reflect the correct Labor Code section 5412 date of injury of January 29, 2019. The Board granted reconsideration, rescinded the Findings and Award, substituted new Findings of Fact deferring permanent disability, apportionment, and attorney fees, while affirming AOE/COE and need for medical treatment, and returned the matter to obtain a consultative DEU rating based on the correct date of injury.