Gerald Paddio — ADJ7041227

Gerald Paddio, a professional basketball player who alleged cumulative trauma injuries from 1990-2004, sought reconsideration of an April 22, 2022 F&A finding 57% permanent disability with a section 5412 date of injury of November 21, 2007. Applicant argued the record required further development for neurological/psychiatric conditions, that the regular physician's apportionment was legally flawed, and that the date of injury was in 2019/2020. The Board granted reconsideration but largely affirmed, holding that further development of the record was barred because applicant failed to exercise due diligence before the close of discovery and the neurological/psychiatric symptoms existed long before. The Board held the date of injury was already final from the 2018 F&A (approximately 2009) and could not be relitigated. The Board agreed the regular physician (Dr. Hatch) failed to adequately explain apportionment except as to the 30% left knee apportionment, and amended the award to 67% permanent disability after striking the unexplained apportionment.