Colby Calvert — ADJ12149152

Colby Calvert claimed injury to his bilateral eyes (and psyche, which was deferred) after exposure to lasers in a hallway at his workplace at California Institute of Technology on February 22, 2019. The only issue set for trial was AOE/COE injury to the bilateral eyes, and applicant did not testify, relying on documentary medical evidence and the QME deposition. The WCJ found the record lacked substantial medical evidence to support the claimed eye injury, crediting the QME Dr. Macy's thorough, analytical report finding no evidence of eye injury over treating physicians who accepted injury based solely on applicant's history without objective findings. The WCJ declined to develop the record, finding no due diligence by applicant and noting the eyes had been thoroughly evaluated. The Appeals Board adopted the WCJ's report and denied reconsideration, also holding that issues not raised at trial could not be raised for the first time on reconsideration.