Penny Sojack Kunert — ADJ15636538, ADJ13545865

Applicant Penny Sojack Kunert sustained two industrial injuries (right ankle/lumbar spine on 10/4/2019 and neck/left knee on 12/8/2021) while working as a Special Education Aide for Lancaster School District, both resolved by stipulated awards. On 9/23/2024 she filed a Petition to Reopen for new and further disability under Labor Code sections 5410 and 5803 on both claims, alleging her condition had worsened, but without supporting medical evidence at filing. Defendant filed a Petition to Dismiss arguing the petitions were skeletal and lacked the specific factual detail required by CCR sections 10534 and 10536. The WCJ denied defendant's Petition to Dismiss without prejudice and declined to dismiss applicant's Petition to Reopen, allowing discovery (including PQME evaluation by Dr. Anand Shah) to continue. The Appeals Board, applying the removal standard, denied defendant's petition, holding that dismissing the Petition to Reopen while discovery is pending would violate applicant's due process and improperly function as a prohibited summary judgment.