Ashraf Gorgi — ADJ11016330

Applicant Ashraf Gorgi, a chef, claimed industrial injury to his psyche, abdomen, skin (dermatitis), body system (cancer), and in the form of headaches arising from a June 1, 2013 incident in which a knife entered his abdomen. The WCJ found AOE/COE injury only to the abdomen and denied the psyche, skin, cancer, and headache claims. On reconsideration, the WCAB affirmed that internal medicine QME Dr. Hyman's reports and deposition testimony constituted substantial evidence that applicant's rare skin cancer (eccrine porocarcinoma) was non-industrial, and agreed that treating psychologist Dr. Nogales' report was not substantial evidence on the psyche claim. However, the majority exercised its discretion to develop the record by amending the findings to defer the psychiatric injury issue and ordering a psychiatry/psychology QME or AME evaluation. Commissioner Lowe dissented, arguing applicant failed to meet his burden of proof and that the Board should not 'rescue' him by developing the record.