Gamboa, Jose

Applicant Jose Gamboa sustained injuries to his shoulders (and psyche as a compensable consequence) while working as a production employee for Saputo Cheese USA. After a WCJ awarded benefits based on AME Dr. Peter Mandell's reports, including an Almaraz/Guzman alternative impairment rating, defendant petitioned for reconsideration arguing the rating was not substantial medical evidence, that surveillance (subrosa) video was improperly excluded, and that Dr. Mandell's apportionment was substantial. The Appeals Board first addressed the timeliness of its decision under amended Labor Code section 5909, concluding it acted within 60 days of transmission. On the merits, the Board adopted the WCJ's report, holding the subrosa video was properly excluded because it was never reviewed by the AME and defendant failed to lay a proper foundation for impeachment. The petition was denied.