Robert Backus — ADJ11847265, ADJ11741978

Applicant Robert Backus claimed industrial injury to his low back and lower extremities while working as a salesperson for Schireson Bros. (dba Volutone), claiming both a specific injury on December 13, 2017, and a cumulative trauma period from January 3, 2017 through January 3, 2018. The WCJ found applicant did not sustain injury AOE/COE and ordered take-nothing because applicant failed to introduce substantial medical evidence of industrial causation and had highly questionable credibility, having concealed a prior 2011 back injury from examining physicians and initially denying it under oath. Crucially, the QME reports of Dr. Fonseca on which applicant relied were never offered into evidence, and the only medical opinion finding causation (Dr. Haronian) was based on a false and inaccurate medical history. The Board denied reconsideration, adopting and incorporating the WCJ's Report, holding that applicant failed to meet his burden of proof and that the duty to develop the record cannot be used to rescue a party who failed to present competent evidence.