Louis Pellatiro — ADJ11175014

Applicant Louis Pellatiro, a maintenance technician, was found to have sustained an industrial cumulative trauma injury ending October 1, 2017 to his back and feet, with the WCJ awarding 14% permanent disability (apportioned 50% under section 4663) based on the back impairment. Defendant sought reconsideration challenging the finding of industrial injury and the EDD lien reimbursement, arguing the EDD lien had been resolved by a prior stipulation and order of June 7, 2021. The Board affirmed the finding of industrial injury, holding that the QME podiatrist Dr. DeSantis's reports and the QME chiropractor Dr. Auerbach's derivative opinions constituted substantial evidence applying the correct 'reasonable medical probability' standard. However, the Board granted reconsideration to defer the issues of temporary disability and the EDD lien, noting the WCJ failed to account for the prior stipulation, misapplied the maximum TD rate, and improperly applied the section 4650(d) penalty where liability was in dispute.