Gerald Duby — ADJ19868198

Applicant Gerald Duby alleged a cumulative trauma injury while working as a quality inspector for permissibly self-insured Sierra Pacific Industries. The WCJ found applicant took nothing because no medical evidence supported the claim, since applicant's QME reports by Dr. Ethan Harris were never listed on the PTCS exhibit page and were deemed not admitted at trial, despite being filed in EAMS and referenced as a trial issue. Applicant sought reconsideration, arguing the WCJ erred in refusing to admit the QME reports and in denying his petition to appear remotely from Texas. The Appeals Board granted reconsideration, holding that excluding the foundational QME reporting based on a procedural oversight amounted to an improper default judgment that violated the constitutional mandate to accomplish substantial justice. The Board rescinded the F&O and remanded for further proceedings, instructing the WCJ to admit the QME reporting and to permit applicant to testify remotely upon renewal of the request.