Charlene Nixon — ADJ12031563

Applicant Charlene Nixon claimed cumulative trauma injury to multiple body parts while working as a counselor tech for WestCare, which defendant denied. The orthopedic PQME Dr. Moldavskiy found an industrial neck injury (25% WPI, DRE Category 4) but apportioned only 10% to defendant, attributing the balance to a prior industrial spine injury. The WCJ found the claim not barred by the statute of limitations or post-termination defense, deemed the apportionment opinion deficient, and appointed a regular physician under Labor Code section 5701 to develop the record. On reconsideration, the Board held the WCJ erred by skipping the preferred McDuffie procedure of returning to the existing PQME first, and that the F&O failed to address the AOE/COE issue submitted at trial. The Board rescinded the F&O and remanded for further proceedings, and dismissed applicant's separate petition challenging the order granting reconsideration as moot.