Terry Kelly — ADJ12582828

Applicant Terry Kelly, a Safeway meat department worker, claimed cumulative trauma injury to multiple body parts from 1991-2019. The WCJ found injury AOE/COE to the cervical spine, thoracic spine, lumbar spine, bilateral knees, elbows and wrists, found the occupational code was 420 (butcher), and ordered development of the record on knee permanent disability. Defendant sought reconsideration, arguing applicant was a meat cutter (code 322), that there was no substantial evidence of injury to the knees/elbows/wrists, and that no further record development was needed. The Board granted reconsideration, retained the injury findings to all body parts based on the uncontradicted QME opinion of Dr. Dell and applicant's credible testimony, but found insufficient evidence to determine the occupational group number due to conflicting testimony and a stale 1999 job analysis. The Board rescinded the FA&O and remanded for further development of the record on the occupational group number and knee permanent disability, deferring permanent disability for all body parts.