ADJ3719477 · June 15, 2026

The WCJ found good cause to reopen based on evidence of new and further disability, including new periods of temporary disability, despite AME Dr. Webb's opinion that permanent impairment had not changed. The WCAB affirmed this finding and ordered reevaluation by a new AME.

From the decision · page 1The WCJ found, in relevant part, that in case ADJ3719477, from March 28, 1986 to May 5, 2005, while employed by defendant as a sheriff's deputy, applicant sustained injury arising out of and in the course of employment (AOE/COE) to his low back and claims to have sustained injury to his neck, bilateral knees, and circulatory system-heart. The WCJ further found Dr. Donald Webb to be the Agreed Medical Evaluator (AME) who provided services in this case and the Petition to Reopen dated January 20, 2010 was timely filed on January 25, 2010. The WCJ also found good cause to reopen the April 18, 2007 Award and further development of the medical- record to be necessary to determine the nature and extent of the new and further disability. The WCJ ordered parties to coordinate discovery efforts to have applicant reevaluated by the AME, Dr. Donald Webb, to determine the nature and extent of the new and further disability. All other issues were deferred and reserved.

The WCJ found the date of injury for the cumulative trauma in ADJ10346752 to be October 17, 2016, making the Petition to Reopen filed on January 9, 2020 timely. The WCAB affirmed this finding.

From the decision · page 2determine whether applicant sustained injury AOE/COE to the bilateral knees. The WCJ further found the undated Petition to Reopen was filed on January 9, 2020 and that presently, there was insufficient information to determine whether there is good cause to reopen. The WCJ found further development of the medical-legal record to be necessary to determine whether there is new and further disability and, if so, the nature and extent of that new and further disability. The WCJ ordered further action on this case to be deferred and reserved pending the further development of the record.

Applicant sustained new periods of temporary total disability after the 2007 Award.

Favours Applicant prevailed

This supported the finding of new and further disability justifying reopening the April 18, 2007 Award.

From the decision · page 1The WCJ found, in relevant part, that in case ADJ3719477, from March 28, 1986 to May 5, 2005, while employed by defendant as a sheriff's deputy, applicant sustained injury arising out of and in the course of employment (AOE/COE) to his low back and claims to have sustained injury to his neck, bilateral knees, and circulatory system-heart. The WCJ further found Dr. Donald Webb to be the Agreed Medical Evaluator (AME) who provided services in this case and the Petition to Reopen dated January 20, 2010 was timely filed on January 25, 2010. The WCJ also found good cause to reopen the April 18, 2007 Award and further development of the medical- record to be necessary to determine the nature and extent of the new and further disability. The WCJ ordered parties to coordinate discovery efforts to have applicant reevaluated by the AME, Dr. Donald Webb, to determine the nature and extent of the new and further disability. All other issues were deferred and reserved.

The date of injury for the cumulative trauma in ADJ10346752 is October 17, 2016.

Favours Applicant prevailed

This established the timeliness of the Petition to Reopen filed on January 9, 2020.

From the decision · page 12Here, we conclude that substantial medical evidence supports a finding that the "date of injury" is October 17, 2016, based on the IME report of Dr. Majcher dated October 17, 2016, where he opined that applicant's job duties as a law enforcement officer caused him to suffer a cumulative injury. Given that the "date of injury" pursuant to section 5412 is October 17, 2016, we find that applicant's Petition to Reopen was timely filed on January 9, 2020.

Dr. Webb found applicant had permanent impairment but no change in permanent impairment level; he noted new periods of temporary total disability and recommended continued full-time work; later recommended a second opinion prior to spinal surgery.

The WCJ and WCAB considered Dr. Webb's opinions on permanent impairment and temporary disability in deciding good cause to reopen the April 18, 2007 Award.

From the decision · page 3The primary parties returned to AME Dr. Webb. He re-evaluated Applicant and reported on April 12, 2010. Dr. Webb reported an interim history including:

Dr. Majcher opined that applicant sustained cumulative injury to circulatory system with permanent disability as of October 17, 2016.

The WCAB relied on Dr. Majcher's report to establish the date of injury for the cumulative trauma and timeliness of the Petition to Reopen.

From the decision · page 4Primary proceedings in case ADJ 10346752 were resolved via Stipulations with Request for Award filed May 3, 2017, and approved by the undersigned PWCJ. Applicant was agreed to have sustained the claimed cumulative industrial injury to his circulatory system in the form of hypertensive cardiovascular disease, carotiod artery atherosclerosis and lower extremity atherosclerosis during the period from March 28, 1986 to January 16, 2012 from which Applicant had no lost time from work but sustained 55% permanent partial disability and a need for further medical treatment. The primary parties noted their reliance on the expert opinion of Stanley Majcher, M.D. Stipulations with Request for Award and Award 5/03/2017; Report of Stanley Macher, M.D. 8/16/2016.

Labor Code sections 5900(a), 5902, 5903

A petition for reconsideration may be taken only from a final order, decision, or award.

The WCJ's decision included threshold issues making it a final order subject to reconsideration.

From the decision · page 6II. A petition for reconsideration may properly be taken only from a "final" order, decision, or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order has been defined as one that either "determines any substantive right or liability of those involved in the case" (Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661]) or determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].) Interlocutory procedural or evidentiary decisions, entered in the midst of the workers' compensation proceedings, are not considered "final" orders. (Maranian, supra, at p. 1075 ["interim orders, which do not decide a threshold issue, such as intermediate procedural or evidentiary decisions, are not `final'..."]; Rymer, supra, at p. 1180 ["[t]he term [`final'] does not include intermediate procedural orders or discovery orders"]; Kramer, supra, at p. 45 ["[t]he term

Labor Code section 5411; Sarabi v. Workers' Comp. Appeals Bd. (2007) 151 Cal.App.4th 920

To reopen a prior award, the injured worker must file a petition within five years and show new and further disability or good cause to reopen.

The WCJ and WCAB applied this standard to find good cause to reopen the April 18, 2007 Award based on new and further disability evidence.

From the decision · page 8not only have filed a petition to reopen within five years from the date of injury but must also have suffered a "new and further disability" within that five-year period, unless there is otherwise "good cause" to reopen the prior award. An injured worker therefore cannot confer jurisdiction on the Board by filing a petition to reopen an award before the five-year period has expired for anticipated new and further disability to occur thereafter. (Sarabi v. Workers' Comp. Appeals Bd. (2007) 151 Cal.App.4th 920, 926, [72 Cal.Comp.Cases 778]; Nicky Blair's Rest. v. Workers' Comp. Appeals Bd. (Macias) (1980) 109 Cal.App.3d 941 [45 Cal.Comp.Cases 876].)

Labor Code section 5412

The date of injury for cumulative trauma under Labor Code section 5412 is the date when disability first manifests.

The WCAB found the date of injury for the cumulative trauma in ADJ10346752 to be October 17, 2016, based on medical evidence, making the Petition to Reopen timely.

From the decision · page 10IV. We next address defendant's contention that in ADJ10346752, the WCJ did not decide whether the Petition to Reopen filed on January 9, 2020 was timely. (Petition, at p. 6.) The WCJ found that "[t]he undated Petition to Reopen was filed on January 9, 2020." (Findings of Fact No. 1.) Defendant argues that the parties stipulated and the WCAB approved the Stipulations with Request for Award for a date of injury of March 28, 1986 to January 16, 2012. (Petition, at p. 6.) As the Petition was filed more than five years from the end date of the cumulative trauma injury, January 16, 2012, defendant argues it is untimely. (Id.) Workers' compensation pleadings may be amended by the Appeals Board to conform to proof, based on evidence submitted at trial. (Cal. Code Regs., tit. 8, § 10517; Rubio v. Workers' Comp. Appeals Bd. (1985) 165 Cal.App.3d 196, 199-200 [50 Cal.Comp.Cases 160].) The parties' stipulations are not binding on the Appeals Board or the WCJ and the Appeals Board or the WCJ may reject or amend a stipulation and base the decision on the evidence presented at the hearing. (Lab. Code, § 5702; Cal. Code Regs., tit. 8, § 10517; Rubio, supra; Draper v. Workers' Comp. Appeals Bd. (1983) 147 Cal.App.3d 502 [48 Cal.Comp.Cases 748]; Turner Gas Co. v.

Applicant's new periods of temporary total disability and need for further medical development

From the decision · page 1The WCJ found, in relevant part, that in case ADJ3719477, from March 28, 1986 to May 5, 2005, while employed by defendant as a sheriff's deputy, applicant sustained injury arising out of and in the course of employment (AOE/COE) to his low back and claims to have sustained injury to his neck, bilateral knees, and circulatory system-heart. The WCJ further found Dr. Donald Webb to be the Agreed Medical Evaluator (AME) who provided services in this case and the Petition to Reopen dated January 20, 2010 was timely filed on January 25, 2010. The WCJ also found good cause to reopen the April 18, 2007 Award and further development of the medical- record to be necessary to determine the nature and extent of the new and further disability. The WCJ ordered parties to coordinate discovery efforts to have applicant reevaluated by the AME, Dr. Donald Webb, to determine the nature and extent of the new and further disability. All other issues were deferred and reserved.