Penrose, Raymond

Raymond (Craig) Penrose, a professional football player employed from 1976 to 1985, filed a cumulative trauma claim in 2011 for injuries to his neck, back, extremities, head, and a sleep disorder. After multiple decisions, the WCAB issued a Notice of Intention to amend its prior rulings, and following responses from both parties, exercised its continuing original jurisdiction to make new findings. The Board held that the section 5412 date of injury was March 20, 2014 (the date knowledge of industrial causation concurred with compensable disability), that this date set the applicable indemnity rates and required application of the 2005 PDRS under section 4660.1, and that applicant became permanent and stationary on March 20, 2014 based on Dr. Einbund's QME opinion. The Board rejected applicant's jurisdictional argument under section 5804, finding no final award of compensation had yet issued. The Board deferred the issues of permanent disability, apportionment, COLA, and attorney fees, and remanded the matter to the trial level.