Shakeitha Datrice — ADJ12548158

Applicant Shakeitha Datrice, a TSA agent, claimed industrial injury to her eyes in the form of Vogt-Koyanagi-Harada disease (VKHD), an autoimmune condition, allegedly caused by exposure to smoke and inhalant toxins from the Paradise wildfire near her work facility. The WCJ found no injury AOE/COE based on the report and deposition of ophthalmology AME Dr. David Sami, who concluded that exposure to aerosolized contaminants was not the causative agent. The majority granted reconsideration, finding the record inadequate because Dr. Sami acknowledged that immunology was outside his area of expertise and repeatedly stated he would defer to an immunologist regarding causation of the autoimmune disease. The Board rescinded the F&O and remanded for development of the record via an internal medicine/infectious disease/immunology AME or court-appointed regular physician. Commissioner Lowe dissented, arguing Dr. Sami's report constituted substantial evidence and applicant failed to meet her burden of proof. The majority also admonished applicant's counsel for attaching exhibits in violation of Board rules and for making meritless 'post hoc, ergo propter hoc' arguments.