Michael Thomas — ADJ9229556

Applicant Michael Thomas, a boilermaker, sustained an admitted cumulative trauma injury to his lumbar spine, bilateral knees, and skin, and the WCJ found him permanently totally disabled based on the vocational report of Mr. Diaz, which rebutted the scheduled 72% PD rating. Defendant sought reconsideration, challenging the validity and reliability of the Diaz report, Diaz's credentials, his reliance on the 'synergistic effect' of impairments, alleged use of non-industrial factors, and the WCJ's denial of a trial continuance to submit a rebuttal vocational report. The Appeals Board (applying Shipley to excuse the late-discovered petition) found the Diaz report was substantial evidence relying solely on industrial factors derived from Dr. Henry's medical reporting, that Diaz was adequately qualified, and that the report complied with WCAB Rule 10685's disclosure requirements. The Board further held the WCJ properly denied the continuance because defendant had over a year since the July 2019 continuance to obtain its own vocational report and failed to provide the offer of proof required for newly discovered evidence under section 5903(d). The Petition for Reconsideration was denied.