Serrano, Alfredo

Applicant Alfredo Serrano sustained an admitted specific injury to his right shoulder on September 15, 2015, while working as a laborer, and also alleged a cumulative trauma injury from April 1, 2006 to October 15, 2015. The WCJ found the specific injury but made no finding on the cumulative trauma, awarding 6% PD based on QME Dr. Huffer's reporting, which apportioned 80% of the need for surgery to preexisting arthritis. Applicant sought reconsideration, arguing the QME applied an incorrect legal standard to causation and apportionment and that the record required development. The Board held that Dr. Huffer's reporting did not constitute substantial medical evidence because it improperly required medical 'certainty' rather than reasonable medical probability, failed to explain why work activities could not be linked to the arthritis, and improperly apportioned the 'need for surgery' rather than the approximate percentages of permanent disability. The Board rescinded the F&A and returned the matter to the WCJ for development of the record under section 5701, suggesting an AME or regular physician rather than further reporting from Dr. Huffer.