Russell Blair — ADJ3108970

Applicant Russell Blair sought reconsideration of a WCJ's December 1, 2022 Findings and Award that found industrial injury to his lumbar spine, right hip, and psyche (with 66% of psychiatric PD attributed to the industrial injury), but denied injury to other claimed body parts including his dental system. Applicant argued that the QME psychiatric reports of Dr. Nathan (last evaluation December 27, 2010) were 'stale' and could not support a psychiatric disability finding, and that the failure to develop the record on his dental claim denied due process. The Board granted reconsideration and affirmed the F&A except that it deferred the issues of dental injury, the percentage of psychiatric PD caused by the injury, the overall level of PD, and the attorney fee amount. The Board found Dr. Nathan's reports did not constitute substantial evidence on apportionment because he failed to explain how and why the industrial and nonindustrial factors caused disability under Escobedo. The matter was returned to the WCJ for further development of the record.