Larry Flosi — ADJ11649621

Applicant Larry Flosi claimed a cumulative trauma injury through July 10, 2018 to multiple body parts while working as a foreman/superintendent/HVAC sheet metal worker for Selco Heating and Air Conditioning; the claim was denied. The QME, Dr. Manijeh Ryan, found injury arising from the cumulative trauma and that applicant could not perform gainful employment, but the WCJ found her reporting was not substantial evidence and that returning to her would be 'fruitless,' ordering development of the record via an AME or a regular physician under section 5701. Applicant sought removal, arguing the QME report was substantial evidence. The Board treated the petition as one for reconsideration because the decision contained a threshold finding (employment), but applied the removal standard since applicant only challenged interlocutory issues. The Board agreed Dr. Ryan's apportionment and work-preclusion opinions were deficient but held the WCJ erred by skipping the preferred McDuffie procedure of first returning to the existing physician. The Board granted reconsideration, rescinded the F&O, and remanded for further development of the record beginning with Dr. Ryan.