Gamal Habib — ADJ12304191

The WCAB previously granted applicant's petition for reconsideration of an August 31, 2021 Findings of Fact, Award, and Order, finding that defendant failed to meet its burden of proof on non-industrial apportionment and that the industrial injury caused 80% permanent disability. Defendant sought reconsideration of the February 25, 2022 decision, arguing the Board violated Labor Code section 5908.5 by failing to provide adequate reasoning, that the decision was untimely, that Shipley tolling was misapplied, and that the WCJ's original non-industrial apportionment finding should have been affirmed. The Board rejected each contention, holding it properly incorporated the WCJ's report under Le Vesque, that due process required tolling of the 60-day period under Shipley, and reaffirmed its apportionment determination. The Board admonished defendant for citing unpublished decisions. The Board affirmed its prior February 25, 2022 decision.