What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed by applicant after trial decision finding no industrial injury
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The court found consistent with the AME Dr. Newton's reports that the applicant did not suffer a cumulative trauma or specific industrial injury, thus no industrial injury was found.
From the decision · page 4For whatever reason, this resulted in five additional reports, and a deposition which was conducted in two parts, part one commencing on January 27, 2021, and part two being concluded on June 23, 2021. Dr. Newton was unequivocal that applicant had not suffered a cumulative injury. Thereafter, the case was resubmitted. The court found consistent with the reporting of Dr. Newton that the applicant had not suffered a cumulative trauma, and as the court had previously found that the applicant had not suffered a specific injury, the court concluded that the applicant had not suffered any industrial injury as a result of his employment with R Ranch. The Petition for Reconsideration under current consideration followed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Dr. Newton's reports and deposition consistently concluded no cumulative trauma injury related to employment.
Favours Defendant prevailed
The court relied on these medical opinions to find no industrial injury.
From the decision · page 4For whatever reason, this resulted in five additional reports, and a deposition which was conducted in two parts, part one commencing on January 27, 2021, and part two being concluded on June 23, 2021. Dr. Newton was unequivocal that applicant had not suffered a cumulative injury. Thereafter, the case was resubmitted. The court found consistent with the reporting of Dr. Newton that the applicant had not suffered a cumulative trauma, and as the court had previously found that the applicant had not suffered a specific injury, the court concluded that the applicant had not suffered any industrial injury as a result of his employment with R Ranch. The Petition for Reconsideration under current consideration followed.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Dr. Newton was unequivocal that applicant had not suffered a cumulative injury and did not attribute the problems to employment.
Dr. Newton's multiple reports and deposition consistently concluded no cumulative trauma injury related to employment.
From the decision · page 4For whatever reason, this resulted in five additional reports, and a deposition which was conducted in two parts, part one commencing on January 27, 2021, and part two being concluded on June 23, 2021. Dr. Newton was unequivocal that applicant had not suffered a cumulative injury. Thereafter, the case was resubmitted. The court found consistent with the reporting of Dr. Newton that the applicant had not suffered a cumulative trauma, and as the court had previously found that the applicant had not suffered a specific injury, the court concluded that the applicant had not suffered any industrial injury as a result of his employment with R Ranch. The Petition for Reconsideration under current consideration followed.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 3202.5
Applied to determine whether applicant suffered an industrial injury.
From the decision · page 4For whatever reason, this resulted in five additional reports, and a deposition which was conducted in two parts, part one commencing on January 27, 2021, and part two being concluded on June 23, 2021. Dr. Newton was unequivocal that applicant had not suffered a cumulative injury. Thereafter, the case was resubmitted. The court found consistent with the reporting of Dr. Newton that the applicant had not suffered a cumulative trauma, and as the court had previously found that the applicant had not suffered a specific injury, the court concluded that the applicant had not suffered any industrial injury as a result of his employment with R Ranch. The Petition for Reconsideration under current consideration followed.
What proof carried it
The evidence the panel weighed, by kind.
Dr. Newton's deposition and reports
From the decision · page 4For whatever reason, this resulted in five additional reports, and a deposition which was conducted in two parts, part one commencing on January 27, 2021, and part two being concluded on June 23, 2021. Dr. Newton was unequivocal that applicant had not suffered a cumulative injury. Thereafter, the case was resubmitted. The court found consistent with the reporting of Dr. Newton that the applicant had not suffered a cumulative trauma, and as the court had previously found that the applicant had not suffered a specific injury, the court concluded that the applicant had not suffered any industrial injury as a result of his employment with R Ranch. The Petition for Reconsideration under current consideration followed.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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