Gabriel Rogers — ADJ12129088

Applicant Gabriel Rogers, a parole agent employed by CDCR from 1991 to 2018, was found by the WCJ to have sustained cumulative industrial injury to multiple body parts including the cervical spine, lumbar spine, bilateral carpal tunnel, shoulders, knees, upper GI, ear/hearing and psyche, resulting in 100% permanent disability. The 100% award rested on adding (rather than combining under CVC) the impairments of the cervical spine, bilateral carpal tunnel, and left shoulder, supported by a deceased orthopedic AME (Dr. Schmidt) supplemented by a PTP report (Dr. Nissanoff) obtained after the change in law from Kite to Vigil. Defendant sought reconsideration challenging the admission of the Nissanoff report, the finding of industrial psychiatric causation, and the 100% PD finding. The Appeals Board granted reconsideration to allow further study, noting the record may not be complete regarding psychiatric causation. The Board deferred a final decision on the merits pending further review of the entire record.