Applicant Clyde Winbush worked for the County of Los Angeles until October 2008, when he sustained a specific back injury, and had prior stipulated awards for specific low back injuries in 1995 and 2008. He later filed a cumulative trauma claim alleging injury to numerous body parts including the gastrointestinal system, which QME internist Dr. Sherman attributed to NSAIDs and narcotics taken for his back symptoms following 2018 lumbar surgery. The WCJ found no industrial cumulative injury because the GI claim was derivative of an orthopedic cumulative injury for which no evidence had been introduced, and ordered applicant take nothing. The Board granted reconsideration, agreeing the record as it stood did not support a finding of industrial injury, but held the record must be developed because Dr. Sherman's GI opinion depended on an unproven underlying orthopedic cumulative injury. The Board rescinded the WCJ's decision and remanded for further development of the record with a new QME/AME evaluation.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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