Garcia, Jesus

Applicant Jesus Garcia, in pro per, sought reconsideration of a WCJ's F&O that found he did not sustain industrial injury during a cumulative period (Feb-May 2019) or on a specific March 19, 2019 date, and that the specific claim was barred by the statute of limitations. The WCAB granted reconsideration, finding the QME Dr. Abitbol's reports did not constitute substantial medical evidence because they contained an incorrect history, failed to address a documented May 3, 2019 shoulder injury occurring during employment, and lacked an adequate analysis of applicant's job duties. The Board further found the QME's reporting contained troubling, potentially biased statements (e.g., references to 'secondary gain') that could violate AD Rule 41 ethical requirements and warrant disqualification. Because the medical record was not substantial evidence, the Board could not yet address the statute of limitations defense. The F&O was rescinded and the matter returned to the trial level for development of the record, including possible appointment of a regular physician under section 5710 or a replacement orthopedic QME panel.