Kuane Washington — ADJ11562102

Kuane Washington, a self-represented bus operator for Santa Clara VTA (permissibly self-insured), sought reconsideration of an October 26, 2022 decision finding she did not sustain an industrial injury in the form of acquired odor disorder on September 19, 2018. The WCJ relied on the opinions of QME internist Dr. Peter Yip over those of prior QME environmental medicine specialist Dr. Miriam Shipp, finding Dr. Yip's conclusions more consistent with applicant's deposition and trial testimony that she did not smell noxious odors on the bus before her symptoms began. Applicant argued the WCJ failed to consider a September 20, 2018 emergency room report allegedly showing increased carbon monoxide levels and a 'Dr. Allen's QME report,' but neither was disclosed at the MSC or admitted into evidence. The WCAB denied reconsideration, adopting the WCJ's Report, holding that decisions must be based on admitted evidence and that the WCJ properly chose among conflicting medical opinions. The Board found Dr. Yip's opinion constituted substantial evidence supporting the take-nothing finding.