Brown, Michael

Michael Brown, an office assistant for CDCR, claimed injury to his neck, right shoulder, and right wrist on December 27, 2017. The WCJ found 27% permanent disability and awarded future medical care for the right wrist and shoulder, but AME Dr. Dericks attributed 100% of the cervical spine permanent disability to a prior 2009 injury, with only a temporary exacerbation from the 2017 injury. Applicant sought reconsideration arguing the AME reports were not substantial evidence regarding the neck and that the record should be further developed. The WCAB denied reconsideration, holding that applicant failed to raise the development-of-the-record issue at trial, did not object to proceeding, never submitted his recent MRI/electrodiagnostic studies to the AME or into evidence, and thus failed to meet his burden of proof. The Board declined to rescue applicant from his failure to exercise due diligence.