Burgess, Michael

Michael Burgess, a longtime carpenter, claimed cumulative industrial injury (ending June 8, 2022) to his lungs (sarcoidosis), adrenal gland, gallbladder, and in the form of neuropathy while employed by Oliver & Company, Inc. After arbitration under an ADR system between the employer and Basic Crafts, the workers' compensation arbitrator found no industrial injury and ordered applicant take nothing, relying on the reports of defense physician Dr. Noriega over those of applicant's physician Dr. Harrison. Applicant sought reconsideration, arguing Dr. Noriega's reports were not substantial evidence while Dr. Harrison's were. The Appeals Board granted reconsideration on a preliminary basis, finding it unclear from the record whether substantial medical evidence supported the arbitrator's decision and that the record may not be properly developed. A final decision on the merits was deferred pending further review.