Johanna Moultrie — ADJ10010348

Applicant, a clerk typist, claimed injury to her cervical spine, right shoulder, and lumbar spine while working for Oakland Unified School District. The WCJ found injury AOE/COE to the right shoulder and lumbar spine, 4% permanent disability, no further treatment needed for the lumbar spine, and no cervical injury. On reconsideration, the Board found that QME Dr. Shen's reports and deposition testimony did not constitute substantial evidence because he characterized the cervical and lumbar conditions as exacerbations of pre-existing pain without reviewing supporting pre-injury medical records, and admitted during deposition that he was 'totally confused' and had based his opinion on the applicant's reporting alone. The Board affirmed the F&A in part but deferred the issues of cervical injury AOE/COE, permanent disability, future medical treatment for the spine, overpayment, and attorney fees, returning the matter to develop the record. Because Dr. Shen indicated his re-evaluation would be 'colored' by his experience and he wished to be off the case, the Board directed the parties to use an AME or a regular physician appointed by the WCJ rather than supplementing through Dr. Shen.