Jeffery Blum — ADJ10336191

Applicant Jeffery Blum, a CHP employee, settled his workers' compensation claim by Stipulations with Request for Award in June 2018, establishing 17% lumbar disability and 4% disability to each knee. He timely petitioned to reopen for new and further disability, and after trial the WCJ found increased disability to both knees (7 WPI right, 6 WPI left) but no change to the lumbar spine, declining to apply newly-opined apportionment to the back. Defendant sought reconsideration, arguing the WCJ should have applied 15% apportionment to the lumbar spine and that QME Dr. Achackzad's reporting was not substantial evidence and reflected bias. The Board first addressed timeliness, finding the 60-day period under section 5909 was tolled due to an internal EAMS processing error under the Shipley doctrine. On the merits, the Board denied reconsideration, holding the lumbar disability had been finally determined by stipulation and could not be revisited absent a petition to reopen for the back, and that Dr. Achackzad's knee opinions constituted substantial medical evidence.