Jose Luis Ayala — ADJ3065118, ADJ3683536

Applicant Jose Luis Ayala, a cabinet maker, suffered a specific injury on November 12, 1998 (65% PD) and a cumulative injury ending September 12, 2000 (23% PD), with awards based on 2017 orthopedic reports and a 2005 psychiatric AME report. He sought reconsideration arguing the record needed further development on orthopedic and psychiatric disability, and that temporary disability should be placed at issue despite not being raised at trial. The WCAB denied reconsideration, finding applicant presented no credible evidence that the medical reports relied upon were no longer substantial, particularly given the WCJ's credibility findings that applicant exaggerated his current condition. The Board emphasized the injuries were over 20 years old, more than 17 years past the P&S date, and that the new WCJ had already given applicant an opportunity to present new evidence. Because the petition was denied on the merits, Liberty Mutual's request to dismiss for improper service under Rule 10610 was rendered moot.