Hernandez, Vincent

Vincent Hernandez, a Sheriff Commander for the County of Monterey, sustained a 2012 industrial injury and later filed a claim for SIBTF benefits, asserting a preexisting labor-disabling disability of sleep apnea. After trial, the WCJ deferred the issue of whether the combined effect of the subsequent injury and the prior disability equaled 70% or more total disability under Labor Code section 4751, ordering further development of the record by deposing the SIBTF medical evaluator, Dr. Mahawar. SIBTF petitioned for reconsideration, arguing the WCJ abused her discretion by reopening discovery when applicant had previously objected to continuances and that applicant failed to meet his burden of proving the preexisting sleep apnea disability. The Appeals Board treated the petition under the removal standard because only an interlocutory issue was challenged, and found SIBTF failed to show significant prejudice or irreparable harm. The Board adopted and incorporated the WCJ's Report and denied reconsideration.