Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 5903(c)
Labor Code Section 5903(c)
The Board considered the defendant's petition for reconsideration consistent with Labor Code Section 5903(c).
From the decision · page 5Trial in the primary proceedings was held on October 30, 2019. The matter was submitted for
decision to WCJ Christopher M. Brown on December 7, 2019. Workers' Compensation Judge
Christopher M. Brown issued a Findings of Fact, Orders and Awards; Opinion on Decision on
January 28, 2020. Defendant filed a timely, verified and properly served Petition for
Reconsideration on February 18, 2020. The Petition does not cite the legal basis for the Petition,
but the arguments are consistent with Labor Code Section 5903 (c).
McDuffie v. Los Angeles County Metropolitan Transit Authority (2002) 67 Cal.Comp.Cases 138
McDuffie v. Los Angeles County Metropolitan Transit Authority (2002) 67 Cal.Comp.Cases 138
The Board ordered further development of the medical record with a supplemental report from the AME based on McDuffie.
From the decision · page 3We therefore conclude that the WCJ must further develop the record by obtaining a
supplemental report from Dr. Sohn that squarely addresses whether applicant sustained an
industrial cumulative trauma injury to her right shoulder during the period December 4, 2000
through December 2, 2010. (McDuffie v. Los Angeles County Metropolitan Transit Authority
(2002) 67 Cal.Comp.Cases 138 [Appeals Board en banc].) At the same time, we agree with
defendant's contention that Dr. Sohn and the WCJ must address the issues of cumulative trauma
injury and permanent disability in light of the status of applicant's claims of injury in the other
cases - ADJ7558061, ADJ7557093, and ADJ5697886. (It appears that the latter two cases remain
unresolved.) We express no final opinion on the merits in this case or in the other cases.
Telles Transport, Inc. v. Workers' Comp. Appeals Bd. (2001) 92 Cal.App.4th 1159
Telles Transport, Inc. v. Workers' Comp. Appeals Bd. (2001) 92 Cal.App.4th 1159
The Board noted that it may not leave undeveloped matters requiring further inquiry or evidence based on Telles Transport.
From the decision · page 3Sohn's opinion
suggests that applicant sustained some kind of industrial injury or injuries to her right shoulder
within the period December 4, 2000 through December 2, 2010, the doctor did not identify which
date or dates of injuries he was referring to, so his opinion is insufficient to support a finding of
cumulative trauma during that time. Nevertheless, "the Board may not leave undeveloped matters
which its acquired specialized knowledge should identify as requiring further [inquiry or]
evidence." (Telles Transport, Inc. v. Workers' Comp. Appeals Bd. (2001) 92 Cal.App.4th 1159,
1164 [66 Cal.Comp.Cases 1290].)