Ponce, Mark

Applicant Mark Ponce sustained a cumulative back injury ending November 15, 2019 while working as a laborer. The WCJ awarded temporary disability from November 16, 2019 to June 17, 2022 (135 weeks), 21% permanent disability, and found EDD entitled to recover its lien at the TD rate, plus attorney's fees of 15% of TD. Defendant sought reconsideration, arguing the TD award violated the 104-week cap in Labor Code section 4656(c)(2) and seeking clarification on whether attorney's fees applied to the entire TD liability or applicant's net recovery. The Board granted reconsideration and, given the open record (including no medical evidence of TD on the start date, an unsupported odd-lot finding, an incomplete apportionment analysis, and a missing section 5412 date-of-injury finding), amended the decision to defer the issues of TD, EDD lien, permanent disability, attorney's fees, and section 5412 date of injury for further development of the record.