Julia Gomez — ADJ8706562, ADJ13176683

Applicant Julia Gomez sought reconsideration of a Joint Findings and Award that admitted a post-MSC QME report from Dr. Silverman and awarded 60% permanent partial disability after apportionment, while finding no industrial injury to various orthopedic body parts. The Board found that the WCJ never actually issued an order admitting any exhibits into evidence, and that the matter had been set for trial without the MSC judge reviewing or signing the pre-trial conference statement, even though both parties admittedly required further discovery. The Board held these procedural failures violated the parties' due process rights under Labor Code section 5502(d) and could only be remedied by returning the matter for a new MSC. The Board rejected applicant's argument to exclude only defendant's post-MSC evidence, noting applicant likewise conducted post-MSC discovery (Dr. Borsada's report). The Board also declined to find orthopedic injury because Dr. Greenfield issued no orthopedic causation opinion and deferred to a rheumatologist. The F&A was rescinded and remanded.