Duran, Robert

Applicant Roberto Duran filed a cumulative trauma claim against Foto-Kem Industries for injury during the period January 1, 1995 through June 28, 2007. The parties had twice entered into stipulations (February 16, 2010/April 14, 2010 trial and January 4, 2016) regarding AOE/COE, but the WCJ never approved those stipulations, instead issuing orders for further development of the record. The WCJ later found defendant bound by the prior stipulations and deemed the issue of whether regular physician Dr. Brourman's reports constituted substantial evidence moot. On reconsideration, the Board held that because the WCJ never made findings approving the stipulations, they were implicitly rejected and unenforceable, but that AME Dr. Siebold's reporting constituted substantial evidence establishing cumulative injury. The Board rescinded the F&O and substituted a new F&O finding cumulative injury AOE/COE to the cervical spine, right shoulder, right upper extremity, lumbar spine, left knee, and right knee, deferring all other body parts.