Hobson, Clell

Clell Hobson, Jr., a former professional baseball player, claimed a cumulative trauma injury to multiple body parts allegedly sustained through his career with the New York Yankees and Los Angeles Angels, with a claimed date of injury in 2013. Both parties obtained their own QMEs under the pre-2004 'dueling QME' system rather than the panel QME process required under sections 4060 and 4062.2, and at trial each party objected to the other's medical-legal reporting. The WCJ sustained both objections, excluded all QME reporting, found no industrial injury, declined to develop the record, and found a section 5500.5 injurious exposure period of 1989-1990. On reconsideration, the Board held the WCJ correctly excluded the reporting as obtained in violation of sections 4060 and 4062.2 (because the claimed date of injury was after January 1, 2005), but erred by failing to develop the record and by finding an injurious exposure period without supporting medical evidence. The Board rescinded the F&O and remanded for further proceedings.