Carlos Gonzales, Jr. — ADJ13935939

Applicant, a truck driver, sustained industrial injury on November 10, 2020 to multiple body systems including head, brain, lumbar spine, nervous system, psyche, ears, circulatory system, and sleep. The WCJ found 100% permanent and total disability based on rebuttal of the PDRS supported by applicant's vocational expert (Vega) and reports from two AMEs, two PQMEs, and a treating physician. Defendant, which never retained its own vocational expert, petitioned for removal and reconsideration arguing due process required reopening discovery to obtain a defense vocational evaluation. The Board dismissed the removal petition (since the FA&O was a final decision) and denied reconsideration, holding defendant failed to exercise due diligence during the nearly two years available to procure rebuttal evidence before the MSC, and that discovery closes at the MSC under section 5502(d)(3).