Martinez, Veronica Alvarez

Veronica Alvarez Martinez, a cook, claimed both a specific injury (April 12, 2018) to the cervical spine, right shoulder, and left shoulder, and a cumulative trauma injury (July 23, 2008 to July 23, 2018) to the bilateral shoulders. The AME, Dr. Brourman, found the cervical spine and right shoulder industrial but the left shoulder nonindustrial; defendant nonetheless authorized left shoulder surgery on September 3, 2020 through 'clerical inadvertence.' The WCJ found the left shoulder industrial because of the authorized surgery and awarded permanent disability without apportionment, while finding the cumulative trauma claim not proven. The Board granted reconsideration, rescinded the F&A, and remanded, holding that the record was not adequately developed on whether applicant sustained injury or disability as a result of the mistakenly authorized surgery (the AME testified he could not yet determine this without reevaluation) and on whether the cumulative work activities caused bilateral shoulder injury. Because the matter was returned for further development, the Board declined to address apportionment.