Kirkland, Terry

Applicant Terry Kirkland claimed industrial injury to his shoulders in two cases (a specific injury on February 6, 2014, and a cumulative trauma from May 10, 2013 to January 31, 2014), which were settled by Stipulations with Request for Award approved October 7, 2015, based on PQME Dr. Van Dolson's report finding the injuries non-industrial. After applicant filed Petitions to Reopen, the WCJ vacated the 2015 Award, found Dr. Van Dolson's reports were not substantial evidence, and found AME Dr. Lundeen's report from a separate cumulative trauma claim (ADJ11940642) was admissible and constituted substantial evidence of shoulder injury. Defendant sought reconsideration. The WCAB granted reconsideration, rescinded the F&O, and substituted new findings holding Dr. Van Dolson's reports were not substantial evidence because he rejected the legally mandated concept of cumulative injury under Labor Code section 3208.1, the 2015 Stipulations were internally inconsistent and properly set aside, and Dr. Lundeen's report was admissible but did not constitute substantial evidence on injury AOE/COE in the two shoulder cases. The Board deferred the injury and reopening issues and returned the matter to the WCJ for further development of the record, including evaluation by an AME or court-appointed regular physician.