Harvell, James

Applicant James Harvell sought reconsideration of a February 14, 2024 Findings and Award in which the WCJ, relying on QME Dr. Ronald Wolfson's reporting, found a work-related back injury sustained March 13, 2017 but no permanent disability and no need for further medical treatment. Applicant argued that Dr. Wolfson's QME report was not substantial medical evidence because it failed to explain methodology, AMA Guides compliance, the doctor's expertise as to cancer causation, and whether the back injury contributed to ongoing hip pain. The Board first rejected the timeliness/waiver arguments, holding that the wrong case number in the caption was a clerical error and that listing PD as a trial issue preserved the substantiality challenge. The Board found the WCJ's Report improperly treated the issue as waived rather than addressing the merits, in violation of Hamilton and Labor Code section 5313. The Board granted reconsideration, rescinded the F&A, and returned the matter to the WCJ to decide in the first instance whether the QME report constitutes substantial evidence.