Rose Herrera — ADJ11087566

Defendant Kaiser (self-insured, administered by Sedgwick) sought reconsideration of a December 21, 2020 Decision After Reconsideration in which the Appeals Board found applicant Rosa Herrera entitled to temporary total disability from May 28, 2020 to September 17, 2020 and deferred entitlement after that date. Defendant argued the award lacked substantial medical evidence, that newly discovered evidence (a post-hearing PQME report and a pre-hearing Dr. Bokarius report received late) showed no disability, and that the WCJ's finding on applicant's credibility undermined the award. The Board found its time to act tolled under Shipley because the petition did not reach the Board until after the 60-day period due to no fault of the parties. The Board held the PTP's contemporaneous reports constituted substantial medical evidence more persuasive than the stale PQME reporting and that defendant failed to demonstrate the newly discovered evidence could not have been produced earlier. Reconsideration was denied.