Brackins III, Lionel

Applicant Lionel Brackins III, a self-represented laborer, sustained an admitted industrial injury on June 27, 2018, while moving heavy carpet rolls, and claimed two additional injuries on/through June 29, 2018. The QME, Dr. Wellborn, concluded applicant only suffered an intercostal muscle strain and no injury to the shoulder or back. The WCJ disagreed in part, finding industrial injury to the left shoulder and back in addition to the intercostal strain (ADJ11380104), but found no temporary disability, permanent disability, or need for medical treatment, and found the June 29 and cumulative trauma claims non-compensable. The Appeals Board affirmed the injury findings and the denial of the two contested claims, but held that because the WCJ rejected Dr. Wellborn's denial of shoulder/back injury, the balance of the QME's opinion (no TD/PD/treatment) could not constitute substantial evidence, creating an irreconcilable conflict. The Board rescinded the findings denying TD, PD, and treatment in ADJ11380104, deferred those issues, and remanded for further development of the medical record, suggesting appointment of a regular physician.