Leslie Summers — ADJ11621404

Applicant Leslie Summers, a correctional officer, claimed cumulative injury to her cervical spine and bilateral knees during employment from 1999 to 2018, which defendant denied. The WCJ found no injury AOE/COE based on QME Dr. Brox's report and deposition testimony, which concluded applicant had a normal physical examination and no objective evidence of injury. Applicant sought reconsideration arguing Dr. Brox's report was not substantial evidence, was inadmissible under Labor Code section 4628 for inadequate history, relied on the wrong AMA Guides, and that the doctor lacked understanding of correctional officer job duties. The WCAB denied reconsideration, finding many arguments were raised for the first time on reconsideration or referenced evidence outside the record, and that Dr. Brox's findings constituted substantial evidence. The Board emphasized that applicant bore the burden of proving injury AOE/COE and submitted no contrary medical evidence.