Fernando Murillo Tapia — ADJ10913544

Applicant Fernando Murillo Tapia, a truck driver/loader, claimed a cumulative shoulder/upper extremity injury (ADJ10913545) and a specific right foot/toe injury (ADJ10913544). The WCJ relied on QME Dr. Kevin Hanley's reports to find that the injuries caused no permanent disability and required no further medical treatment. On reconsideration, the Appeals Board found that Dr. Hanley's reports did not constitute substantial evidence because he failed to review the Physical Demands Worksheet, failed to address whether work duties aggravated the pre-existing shoulder condition, failed to discuss the abnormalities shown in the November 2018 right foot MRI, and refused to list and summarize the records he reviewed in violation of CCR section 41. The Board rescinded both F&Os and returned both matters to the WCJ for further development of the record, including evaluation by an AME or appointment of a regular physician.