ADJ12491512 — California WCAB decision

What the panel ordered

August 8, 2022 Findings affirmed; Applicant takes nothing

Petition for Reconsideration filed by Applicant and considered by WCAB after WCJ report

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.

AOE/COEDefendant prevailedneck · left arm · shoulder · psyche · back

Applicant did not meet burden of proof to establish industrial injury based on medical reports and credibility findings.

From the decision · page 7An employee has the burden to prove her claim for workers' compensation benefits. Hercules Powder Co. v. IAC (1933) 131 Cal. App. 587. Based on the reports by Dr. Kounang and Dr. Clarfield, Applicant did not meet the burden of proof necessary to establish that she sustained an industrial injury. The record supports a finding of no industrial injury.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Medical reports by Dr. Kounang and Dr. Clarfield did not support industrial injury

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.

QMERelied upon · pain medicine

Diagnosed pre-existing cervical degenerative changes and myofascial pain syndrome; found temporary aggravation during cumulative trauma period now resolved; no new injury or physical stress from work; job insufficient to cause new injury.

Report found credible and relied upon to deny industrial injury.

From the decision · page 6Applicant obtained a panel in pain medicine. Dr. Kounang performed a QME evaluation of Applicant on September 21, 2020. Dr. Kounang took a history from Applicant and performed an exam. Dr. Kounang reviewed medical records and deposition transcripts. Dr. Kounang diagnosed Applicant with pre-existing cervical mild to moderate degenerative changes, arthritis, and myofascial pain syndrome. Dr. Kounang opined that stress occurring between February 16, 2017 and July 13, 2017 caused a temporary aggravation of chronic myofascial pain syndrome that is now resolved. Dr. Kounang indicated that the myofascial pain syndrome is now back to baseline with no increase in intensity. Dr. Kounang found no changes to the pre-existing degenerative changes and arthritis. Dr. Kounang found no physical stress during the cumulative trauma period. Dr. Kounang found no new and further injury to the preexisting cervical degenerative arthritis. Dr. Kounang found Applicant's job insufficient to cause a new cervical spine injury. (Defendant Exhibit A)

otherRelied upon

Found adjustment disorder with mixed anxiety and depressed mood not predominantly caused by alleged knuckle incident at work.

Report used to support finding of no industrial injury.

From the decision · page 7The Court took judicial notice of Joint Exhibit AA from ADJ11099561 wherein licensed psychologist Dr. Clarfield found within reasonable medical probability that Applicant's adjustment disorder with mixed anxiety and depressed mood was not brought about predominantly by the alleged situation where she was knuckled by a colleague in the left arm.

ADJ12491512 · May 25, 2023

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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What the panel did with the medical opinions

The rules the panel named

What proof carried it

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