Sandra Giron — ADJ12401537

Applicant Sandra Giron, a certified nurse assistant, claimed cumulative orthopedic injury (neck, back, headaches) plus psyche during her employment from December 22, 2018 through July 11, 2019. The WCJ found no injury AOE/COE, relying on reports from primary treating physician Dr. John Boyko that the Board had previously deemed insufficient. The Board had already once before (February 3, 2022) granted reconsideration and returned the matter for development of the record because Dr. Boyko's reports did not constitute substantial evidence, as they were based on inadequate medical history without review of diagnostics. Despite that directive, the parties re-submitted the matter on the existing record, and the WCJ again found no injury. The Board granted reconsideration again, rescinded the October 3, 2022 F&O, and returned the matter for further development of the record, warning that issues of burden of proof and frivolous/bad faith conduct may be considered if the matter is submitted again on the existing record.