Marco Magana — ADJ7745966, ADJ7909061

Defendants Young's Commercial Transfer and National Interstate Insurance Company sought reconsideration of a June 8, 2022 Findings of Fact & Orders that found applicant Marco Magana sustained both a specific injury (July 8, 2014) and a cumulative injury to his back, granted applicant's petition to rescind the November 28, 2017 dismissal (without prejudice) of case ADJ9703521, and deferred remaining issues pending further development of the medical-legal record. The injuries arose from a truck-driving incident where applicant hit a large bump on a dirt road, with conflicting QME reporting from Dr. Hanley and Dr. Shopler regarding whether a compensable injury occurred. Defendants argued the WCJ lacked authority to set aside the dismissal under Labor Code section 5804's five-year limit, that waiver/invited error applied, that good cause was not shown, and that further development of the record was unjustified. The Board, adopting the WCJ's report, treated the petition as one for reconsideration because the decision resolved threshold injury AOE/COE issues, applied the removal standard to the interlocutory record-development finding, and denied the petition. The Board reasoned that the dismissal was 'without prejudice' (so section 5804's five-year limit on awards of compensation did not apply), that relief from dismissal was consistent with the prior Decision After Reconsideration, and that further development was already warranted given the deficient and inconsistent Shopler reporting.