Gabriel Rogers — ADJ12129088, ADJ7507084

Applicant Gabriel Rogers, a CDCR parole agent with a cumulative trauma claim (1991-2018), was awarded 100% permanent disability without apportionment, with the WCJ finding industrial psyche injury and adding impairments under Vigil based on a post-discovery supplemental report by Dr. Nissanoff (necessitated by the death of AME Dr. Schmidt). Defendant sought reconsideration challenging psyche causation under section 3208.3(b)(1), the addition of impairments under Vigil, the failure to apportion a prior 42% stipulated award under section 4664/Kopping, and the admission of Dr. Nissanoff's late report. The Board granted reconsideration and rescinded the F&A, finding the medical record legally insufficient on psyche causation (defective Rolda analysis by Dr. Lee), permanent disability methodology (CVC rebuttal under Vigil), and apportionment to prior disability. The Board upheld admission of Dr. Nissanoff's report but ordered the record reopened symmetrically to allow defendant to rebut it. Issues of psyche compensability, permanent disability, apportionment, and attorney fees were deferred, while findings of industrial injury to physical body parts and temporary disability were preserved.