Juan Donan — ADJ18206391

Applicant Juan Donan, a 34-year employee of Perdue Foods, claimed cumulative injury to multiple body parts. The WCJ found no AOE/COE injury, relying on PQME Dr. McGahan's opinion that applicant's orthopedic complaints were age-related rather than industrial. Applicant petitioned for reconsideration, arguing Dr. McGahan's opinions were not substantial evidence and that the hearing loss issue had been improperly determined despite being deferred. The Appeals Board granted reconsideration, finding Dr. McGahan applied an incorrect legal standard for cumulative injury (improperly requiring evidence of disability on a specific day and a presumption of injury), failed to take a full job-duties history, and erroneously stated no prior comp claims existed when the record showed otherwise. The Board rescinded the F&O and returned the matter to the WCJ to develop the record, strongly encouraging use of an AME.