Leslie Summers — ADJ11621404

Applicant Leslie Summers, a correctional officer, claimed cumulative trauma injury to her cervical spine and bilateral knees during employment from February 1999 through August 2018. Defendant denied the claim, and after trial the WCJ found no injury AOE/COE based largely on the QME report and deposition of orthopedic QME Dr. Timothy Brox. On reconsideration, the WCAB discovered that Dr. Brox's deposition transcript (identified as Joint Exh. CC) was never formally admitted into evidence, and the WCJ had improperly taken judicial notice of the entire EAMS file and relied on reports from physicians not in the record. The Board held the record was inadequate to support the AOE/COE determination, granted reconsideration, rescinded the F&O, and returned the matter to the WCJ for further proceedings to properly admit evidence and issue a new decision.