Chavez, Teresa

Applicant Teresa Chavez filed a Petition to Reopen claiming a right shoulder injury as a compensable consequence of her original cumulative trauma hand injury. The WCJ found AOE/COE for the right shoulder, awarded future medical care, and imposed a 25% section 5814 penalty for unreasonable delay of treatment authorization, finding PQME Dr. Balfour's reporting to be substantial evidence. On reconsideration, the Board held that Dr. Balfour's reporting did not constitute substantial medical evidence because it failed to diagnose a right shoulder injury, attribute industrial causation under the compensable consequence doctrine, or demonstrate reliance on an adequate examination and history. The Board deferred the issues of injury AOE/COE and future medical treatment, reversed the finding of unreasonable delay and the related 25% penalty as to the shoulder, and returned the matter to the trial level for further development of the record (recommending supplemental reporting from Dr. Balfour). The Board affirmed the remaining findings, including the undisputed temporary disability delay penalty.