Sharlene Kennedy — ADJ12535729

Applicant Sharlene Kennedy, a school office manager, sustained an industrial injury on November 14, 2018 to her left wrist, right shoulder, and tailbone/coccyx, resolved by a stipulated Award in May 2020 finding 7% permanent disability. She timely filed a Petition to Reopen for new and further disability, and the WCJ granted it, finding new and further temporary disability from October 1, 2021 and continuing indefinitely based on treating physician Dr. Chow's reports. Defendant sought reconsideration, arguing the AME's February 15, 2022 report was admissible, Dr. Chow's reports were not substantial evidence, and the denied 2020 companion claim should have been heard at the expedited hearing. The Board (Sweeney, Snellings) adopted the WCJ's Report and denied reconsideration, finding Dr. Chow's reports constituted substantial evidence and that defendant canceled the AME re-exam at its own peril. Chair Zalewski concurred that there was substantial evidence but dissented in part, concluding temporary disability should be found only through December 29, 2021 with the issue deferred thereafter.