German Anguiano — ADJ10737010

Applicant German Anguiano sought reconsideration of a December 28, 2021 Findings and Award that found 50% permanent disability (apportioned) to his accepted lumbar spine, right hip, right leg, and abdominal hernia injuries, and found no industrial injury to several disputed body parts (psyche, left leg, dental, high blood pressure, headaches, dizziness, GERD, shortness of breath). The Board found PQME Dr. Falkinstein's reporting was not substantial evidence on permanent disability because he had not reviewed the most recent 2020 lumbar diagnostic studies, and his apportionment to right hip osteoarthritis and 'combined' lumbar non-industrial factors lacked adequate explanation under Escobedo. The Board also held the WCJ erred by refusing to develop the record on the disputed body parts based solely on applicant's failure to timely conduct discovery. The Board rescinded the F&A, deferred the issues of P&S date, permanent disability, apportionment, and attorney fees, and found applicant entitled to develop the record on the disputed body parts, while affirming the accepted injury, earnings, and future medical care findings. The matter was returned to the trial level for further proceedings.