Zul, Gerardo

Applicant Gerardo Zul sought reconsideration of an August 25, 2023 Findings and Award that found new and further lumbar disability of 9% and denied a cervical spine claim, resulting in overall permanent disability of 37%. A prior stipulated Award of September 18, 2017 found 30% disability to the back, shoulder, and knee, though no physician had actually assigned back impairment at that time. The Board rejected the WCJ's reasoning that the cervical spine was not subject to reopening (because it had been dismissed without prejudice), but held that applicant nevertheless failed to show good cause to reopen or new and further cervical disability. However, the Board granted reconsideration and rescinded the decision to allow reanalysis of how the lumbar permanent disability should be calculated, given that the low back was not yet permanent and stationary at the time of the stipulated Award. The matter was returned to the trial level for further proceedings.