Brenda Chavez — ADJ11187899

Applicant Brenda Chavez, a prep cook, claimed a February 28, 2017 industrial injury to her upper extremities, right shoulder, and right elbow after a freezer door struck her elbow. The WCJ found injury AOE/COE, and defendant sought reconsideration arguing that QME Dr. Ciepiela's reports and deposition testimony established no industrial injury. The Board found that Dr. Ciepiela's opinions were not substantial evidence because he failed to address whether the incident aggravated applicant's pre-existing degenerative shoulder condition, whether the incident caused the 'loose bodies,' and whether it was a minor industrial injury requiring only first aid. The Board also noted inconsistencies between applicant's trial testimony and the Doctor's First Report of Injury, and that lay testimony cannot establish AOE/COE. The Board granted reconsideration, rescinded the F&O, and remanded for development of the record, directing evaluation by an AME or a court-appointed regular physician since Dr. Ciepiela declined to re-examine applicant.