Sergio Garcia — ADJ12546400

Applicant Sergio Garcia, an ICU nurse, claimed injury to multiple body parts after alleged workplace exposure to a co-worker with a viral infection, leading to cranial nerve palsy and other conditions. The WCJ found injury AOE/COE based on QME Dr. Lawrence Miller's report and applicant's treating physician, and found Dr. Miller's report admissible and substantial evidence. Defendant sought reconsideration challenging both the admissibility and the substantiality of the QME report. The Board affirmed that Dr. Miller's report was admissible, rejecting defendant's arguments based on AD Rule 34 notification violations, examination location, ex parte communication, and service issues. However, the Board found the report was not substantial evidence because the history of exposure relayed to Dr. Miller conflicted with applicant's trial testimony, and because no qualified physician addressed psychiatric causation. The Board rescinded the FA&O and remanded for further development of the record.