Kane, Sarnica

Applicant Sarnica Kane, a County of Fresno employee assigned to the Hall of Records, claimed injury to her left foot from prolonged standing/walking on a hard marble floor. Two QMEs found injury AOE/COE through different mechanisms: Dr. Kinchsular found cumulative injury while Dr. Van Dyne found specific injury. The WCJ ruled the Kinchsular report controlled because defendant failed to perfect its objection and replacement request before that report issued (omitting the objection letter from QME Form 31.5), and found injury AOE/COE on a cumulative basis. Defendant petitioned for reconsideration, alleging the evidence did not justify the findings and that the WCJ exceeded his powers under Labor Code section 5903. The Appeals Board granted reconsideration to allow further study of the factual and legal issues and deferred its final decision on the merits.