Applicant Juan Lopez sought reconsideration of two May 22, 2023 decisions in which the WCJ found industrial injury to his cervical, thoracic, and lumbar spine, shoulders, and in the form of GERD, but found no industrial injury to his lungs, heart and blood system, or in the form of HIV. Applicant argued the record should be further developed regarding the HIV claim based on a November 21, 2016 report from internal medicine/cardiology QME Mark Lensky, M.D. The WCAB panel, adopting the WCJ's Report, noted the case had been litigated since 2014, submitted and vacated multiple times, and that applicant repeatedly failed to develop the medical record despite ample opportunity. The Board held that the duty to develop the record does not require the Board to rescue a party who failed to exercise due diligence and meet its burden of proof. Reconsideration was denied.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.