Carlson, Clyde

Applicant Clyde Carlson claimed a cumulative trauma injury during employment with CarMax ending July 1, 2024, and the WCJ found a compensable left shoulder injury, temporary disability, and a section 5412 date of injury equal to the AME's report date, while deferring findings on other body parts. Defendant petitioned for reconsideration, arguing there was no substantial evidence of cumulative injury, that disability was due to a prior date of injury, that the record needed further development on the 5412 date, and that body parts should not have been deferred. The Appeals Board granted reconsideration, rescinded the F&A, and returned the case for further proceedings. The Board held the case was inappropriate for an expedited hearing because no body part was accepted and the last day of employment and 5412 date were disputed. It further found the AME's opinion was not substantial evidence because the AME admitted he lacked necessary prior medical records and only opined that the job duties were a 'viable mechanism' of injury without establishing causation on a more-probable-than-not basis. The Board also flagged a defective stipulation lacking any accepted body part and an unidentifiable insurer requiring correction.