Earl Ullom — ADJ12944113

Applicant Earl Ullom, a 62-year-old truck driver, sustained a June 21, 2019 specific injury when wooden lumber beams fell on his right foot and ankle, resulting in a crush injury and Chronic Pain Syndrome/CRPS. The WCJ found industrial injury to the right foot, right ankle, and Chronic Pain Syndrome (but not the hip), found at least 40% permanent partial disability, and ordered further development of the medical-legal record through an AME or PQME in pain management to determine whether applicant is permanently totally disabled. Applicant sought reconsideration arguing he should have been found 100% permanently disabled with no apportionment based on existing medical and vocational evidence, while defendant argued the WCJ erred in ordering a new PQME rather than seeking a supplemental opinion from existing QME Dr. Fass. The Appeals Board granted both petitions for reconsideration solely to allow sufficient time to study the factual and legal issues, deferring a final decision on the merits. The grant was procedural in nature, driven by the statutory 60-day deadline under section 5909.