David Mitchell Bailey — ADJ8171800

Applicant David Bailey, a FedEx package handler who became unrepresented, sought to remove AME Dr. Pang and challenged the temporary disability rate and 24% permanent disability award. The WCJ issued a November 30, 2020 Findings and Award based on Dr. Pang's reporting, finding applicant fully compensated for temporary disability at the $148/week minimum and awarding 24% PD after 15% apportionment. Procedurally, the Board treated the December 28, 2020 Petition for Removal as a timely Petition for Reconsideration (since the decision resolved threshold issues making it final), and applied Shipley to toll the 60-day Section 5909 period because the Board failed to timely act through no fault of applicant. On the merits, the Board affirmed the WCJ's decision, adopting the Report and Opinion on Decision, and held that under Section 4062.2(e) applicant was not entitled to a new evaluator after ceasing representation, and that issues not raised at trial were waived. The Board affirmed the November 30, 2020 Findings and Award.