What the panel ordered
Petition for reconsideration granted; WCJ's Findings rescinded; matter returned for further proceedings.
Defendant sought reconsideration of the WCJ's June 11, 2025 Findings of Fact, which found applicant sustained a cumulative trauma injury to his left index finger. The WCAB granted reconsideration, rescinded the Findings, and remanded for further proceedings.
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 WCAB found that the AME's report was not substantial evidence to support a finding of cumulative trauma injury, as it was contradictory and did not clearly establish causation for a new injury. The matter was remanded for further development of the record.
From the decision · page 9Gordon does note the contribution of the ongoing use of the hand for nearly five years as a police officer and general use. (Defendant's Exhibit B at 15: 23 § 16:4.) As noted by the WCJ, his testimony and reporting is contradictory at moments, but Dr. Gordon still concludes that the current condition is the natural progression of the treatment for the original injury. As a result, the WCJ found the reporting not substantial. We too agree that the report is not substantial. This results in a lack of substantial medical evidence of causation for the current symptoms, which must be addressed before any findings can be made.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
AME Dr. Gordon's opinion was contradictory regarding whether applicant's current condition was a new cumulative trauma injury or the natural progression of the 2017 specific injury.
Favours neutral
The lack of substantial medical evidence precluded a finding of cumulative trauma injury and required remand for further development of the record.
From the decision · page 9Gordon does note the contribution of the ongoing use of the hand for nearly five years as a police officer and general use. (Defendant's Exhibit B at 15: 23 § 16:4.) As noted by the WCJ, his testimony and reporting is contradictory at moments, but Dr. Gordon still concludes that the current condition is the natural progression of the treatment for the original injury. As a result, the WCJ found the reporting not substantial. We too agree that the report is not substantial. This results in a lack of substantial medical evidence of causation for the current symptoms, which must be addressed before any findings can be made.
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. Gordon opined that applicant's current left hand problems were the result of the 2017 specific injury and not a new cumulative trauma injury, but also noted that ongoing use of the hand contributed to the need for surgery. His opinion was found contradictory and not substantial evidence by the WCAB.
Panel found Dr. Gordon's report and testimony contradictory and not substantial evidence for cumulative trauma injury.
From the decision · page 9Gordon does note the contribution of the ongoing use of the hand for nearly five years as a police officer and general use. (Defendant's Exhibit B at 15: 23 § 16:4.) As noted by the WCJ, his testimony and reporting is contradictory at moments, but Dr. Gordon still concludes that the current condition is the natural progression of the treatment for the original injury. As a result, the WCJ found the reporting not substantial. We too agree that the report is not substantial. This results in a lack of substantial medical evidence of causation for the current symptoms, which must be addressed before any findings can be made.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 3208.1, 3208.2, 5303, 3600(a), 3202.5, 5903, 5952(d); Austin; Coltharp; South Coast Framing; Garza; LeVesque; Hegglin; Place; Zemke; Power; McClune; Tyler; Kuykendall; San Bernardino Cmty. Hosp.; McDuffie
Decisions must be supported by substantial evidence; AME's opinion should ordinarily be followed unless unpersuasive; cumulative injury requires repetitive activities causing disability or need for treatment; burden of proof is on applicant to show injury AOE/COE by preponderance of evidence.
Applied to determine that the record lacked substantial evidence to support a finding of cumulative trauma injury, requiring remand for further development.
From the decision · page 9Gordon does note the contribution of the ongoing use of the hand for nearly five years as a police officer and general use. (Defendant's Exhibit B at 15: 23 § 16:4.) As noted by the WCJ, his testimony and reporting is contradictory at moments, but Dr. Gordon still concludes that the current condition is the natural progression of the treatment for the original injury. As a result, the WCJ found the reporting not substantial. We too agree that the report is not substantial. This results in a lack of substantial medical evidence of causation for the current symptoms, which must be addressed before any findings can be made.
What proof carried it
The evidence the panel weighed, by kind.
Contradictory medical opinion from AME Dr. Gordon regarding causation and nature of injury.
From the decision · page 9Gordon does note the contribution of the ongoing use of the hand for nearly five years as a police officer and general use. (Defendant's Exhibit B at 15: 23 § 16:4.) As noted by the WCJ, his testimony and reporting is contradictory at moments, but Dr. Gordon still concludes that the current condition is the natural progression of the treatment for the original injury. As a result, the WCJ found the reporting not substantial. We too agree that the report is not substantial. This results in a lack of substantial medical evidence of causation for the current symptoms, which must be addressed before any findings can be made.
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About this page
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