ADJ9402316 — California WCAB decision

What the panel ordered

WCAB rescinds the WCJ Findings and Order issued June 2, 2022, and returns the matter to trial court for further proceedings

Petition for Reconsideration filed by The Dental Trauma Center after WCJ Findings and Order on lien claim; WCAB decision after reconsideration rescinds WCJ order and returns matter for further proceedings

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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.

Other disputed issueApplicant prevaileddental/teeth system

The WCAB found that collateral estoppel did not apply because there was no final finding on injury AOE/COE to the dental/teeth system in the prior proceeding, and thus the lien claimant is not precluded from litigating that issue further.

From the decision · page 7Contrary to the WCJ's conclusion, however, the 2019 F&A only contains a finding of injury AOE/COE to applicant's lumbar spine, right shoulder, right wrist, right elbow, and cervical spine. (F&A, 5/10/19, p. 1, Finding of Fact No. 1.) There are no Findings of Fact as to whether applicant sustained injury AOE/COE to the dental/teeth system. (Lab. Code, § 5313; Blackledge v. Bank of America (2010) 75 Cal.Comp.Cases 613, 621 (Appeals Bd. en banc) ["It is the duty of the WCAB to make `findings upon all facts involved in the controversy"].) Only in the Opinion on Decision did the WCJ discuss the dental/teeth system, stating, "Schames' reports...are not considered substantial medical evidence and cannot be the basis for an award of benefits for the teeth or jaw." (Opinion on Decision, 5/10/19, p. 5.) However, statements in an Opinion on Decision are not findings of fact; their purpose is to explain the basis for the decision. (Lab. Code, § 5313; Twentieth Century-Fox Film Corp. v. Workers' Comp. Appeals Bd. (1983) 141 Cal.App.3d 778 [48 Cal.Comp.Cases 275].) Absent an express finding of fact as to injury AOE/COE to the dental/teeth system, the issue was not "necessarily decided" in the 2019 F&A. Additionally, the WCAB's 2019 Opinion and Order Denying Petition for Reconsideration made no such finding.

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.

AMERelied upon · orthopedic

Concluded applicant suffered industrial injury to cervical spine, right shoulder, right elbow, right wrist, and lumbar spine; found applicant reached permanent and stationary status as to these injuries.

From the decision · page 2BACKGROUND We will briefly review relevant facts from applicant's case-in-chief. Applicant claimed injury arising out of and in the course of employment (AOE/COE) to his neck, head, jaw/teeth, right shoulder, right elbow, right wrist, left wrist, lumbar spine, psyche, and in the form of sleep disorder, while employed by defendant as a furniture stripper on February 12, 2014. Applicant was evaluated by orthopedic Agreed Medical Evaluator (AME) Lee C. Woods, M.D., who concluded that applicant suffered an industrial injury to the cervical spine, right shoulder, right elbow, right wrist, and lumbar spine. (Bd. Exhs. 1-4.) In a report issued on November 20, 2017, the AME opined that applicant had reached permanent and stationary status as to these injuries. (Bd. Exh. 4, AME Dr. Woods, 11/20/17, pp. 9-10.) On April 25, 2017, applicant obtained a self-procured oral cranial examination by Dr. Mayer Schames, D.D.S. In a report issued May 7, 2017, Dr.

otherPartially credited · dentistry

Diagnosed bruxism, myofascial pain, and inflammation of right temporomandibular joint caused or aggravated on an industrial basis; opined patient reached permanent and stationary status and problems were 100% related to industrial injury.

From the decision · page 2BACKGROUND We will briefly review relevant facts from applicant's case-in-chief. Applicant claimed injury arising out of and in the course of employment (AOE/COE) to his neck, head, jaw/teeth, right shoulder, right elbow, right wrist, left wrist, lumbar spine, psyche, and in the form of sleep disorder, while employed by defendant as a furniture stripper on February 12, 2014. Applicant was evaluated by orthopedic Agreed Medical Evaluator (AME) Lee C. Woods, M.D., who concluded that applicant suffered an industrial injury to the cervical spine, right shoulder, right elbow, right wrist, and lumbar spine. (Bd. Exhs. 1-4.) In a report issued on November 20, 2017, the AME opined that applicant had reached permanent and stationary status as to these injuries. (Bd. Exh. 4, AME Dr. Woods, 11/20/17, pp. 9-10.) On April 25, 2017, applicant obtained a self-procured oral cranial examination by Dr. Mayer Schames, D.D.S. In a report issued May 7, 2017, Dr.

ADJ9402316 · May 22, 2026

What the panel ordered

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