Ponce, Ygnacio

Applicant Ygnacio Ponce sustained an admitted right shoulder injury and claimed additional injuries including to his psyche. The WCJ found no compensable psyche injury and denied applicant an additional QME panel in psychology, finding lack of due diligence. On reconsideration, the WCAB affirmed, holding that the alleged compensable consequence psychiatric injury was not the result of a violent act or catastrophic injury (barring any increased impairment rating under section 4660.1(c)), that no substantial medical evidence established predominant causation under section 3208.3(b), and that applicant failed to demonstrate due diligence in obtaining a psych panel after being explicitly authorized by the WCJ to do so. The Board emphasized that discovery closed as of the MSC under section 5502(d)(3) and applicant could not show evidence could not have been discovered earlier. The F&O was affirmed.