Donald Sweetnam — ADJ10595392, ADJ10596376, ADJ11367370

Defendant County of Los Angeles (self-insured, administered by Sedgwick) sought reconsideration of an Amended Joint Findings and Award finding that applicant Donald Sweetnam's injury claims in two cases were subsumed into a cumulative injury claim, that the cumulative injury caused 73% permanent disability, and that defendant's request for credit for a claimed $69,448.94 temporary disability overpayment was denied. Defendant argued the April 7, 2021 report of IME Laura Hatch, M.D. should be excluded under Labor Code section 5502(d)(3), that Dr. Hatch improperly used a strength-loss method for the shoulder impairment, and that it should receive credit for the TD overpayment. The WCAB adopted and incorporated the WCJ's Report and Recommendation, finding the Hatch report was properly admitted because applicant exercised due diligence (the DEU consultative rating was served after the MSC), that Dr. Hatch's Almaraz/Guzman analysis was substantial medical evidence, and that credit for the overpayment was properly denied as an exercise of discretion. The Board denied reconsideration in full.