Genoveva Rivera — ADJ10837798

Genoveva Rivera, a housekeeper, sustained a cumulative industrial injury to her cervical and lumbar spine ending April 24, 2017. The WCJ found 38% permanent disability, applied the Combined Values Chart despite AME Dr. Mandell's opinion that disabilities should be added, apportioned to prior injuries but not diabetes, and rejected the applicant's vocational rebuttal. Both parties sought reconsideration—applicant arguing the AME reporting was stale (based on a 2018 exam) and did not account for new case law, and defendant arguing the WCJ erred in rejecting apportionment to non-industrial diabetes. Despite the WCAB's expressed frustration with applicant counsel's dilatory conduct, the Board granted reconsideration, rescinded the F&A, and remanded for further development of the medical and vocational record because the evidence was stale and no longer substantial, and because new en banc authority had developed since the reports issued.