Gamal Habib — ADJ12304191

Applicant Gamal Habib, a finance manager, sustained an industrial injury on January 31, 2019 in the form of hypertension, heart attack, and cardiovascular injury. The WCJ initially issued an award relying on PQME Dr. Hyman's apportionment (40% industrial for coronary artery disease, 55% industrial for hypertension), which applicant challenged via Petition for Reconsideration. On reconsideration, the Board first found its time to act tolled under Shipley because it failed to act within 60 days through no fault of applicant. The Board then adopted the WCJ's Report, which concluded that Dr. Hyman's reports did not constitute substantial medical evidence because they used the wrong date of injury and failed to satisfy the Escobedo 'how and why' requirements for apportionment. The Board granted reconsideration, rescinded the prior decision, substituted new Findings of Fact awarding 80% permanent disability with no apportionment, and remanded for calculation of a life pension, commutation of attorney fees, and reissuance of the award.