Martinez, Marcos

Applicant Marcos Martinez had an accepted lumbar specific injury (3/23/2009) against Dave Wilson Nursery. Dave Wilson Nursery filed a separate application (ADJ15031118) seeking reimbursement from Burchell Nursery, asserting applicant sustained a cumulative trauma injury during employment with Burchell from 5/1/2018 to 5/1/2019. At trial on the AOE/COE issue, the WCJ excluded primary treating physician reports of Dr. Jones (not disclosed on the Pre-Trial Conference Statement under section 5502) and QME reports/deposition of Dr. Shaw (obtained as a PQME for the specific injury and not through the 4062.2 process in the CT case, and deemed cumulative because AME Dr. Broderick had reviewed them), then found no cumulative trauma injury. The WCAB granted reconsideration, holding the exclusions were improper given the broad statutory preference for admissibility of medical records and evidence. The Board rescinded the Findings and Order and returned the matter to the trial level for further development of the record.