What the panel treated as outcome-determinative, and which side it favoured.
Applicant was hit in the head with a ball on May 21, 2015, causing injury to neck, left eye, and left shoulder.
Favours Applicant prevailed
This event established the date of injury and the basis for the temporary disability period and permanent disability evaluation.
From the decision · page 5Applicant testified that on May 21, 2015, applicant was hit in the head with a ball. As a result she
hit her neck, left eye, and left shoulder. She continued treating past the school year for her injury
of 2015. (MOH/SOE 1/20/21, p. 6, lines 6-8).
Applicant was temporarily disabled from July 10, 2015 through August 6, 2015, as corrected by the WCJ and affirmed by the WCAB.
Favours Applicant prevailed
This fact determined the correct period for temporary disability compensation.
From the decision · page 23. Applicant was temporarily disabled from July 10, 2015 through August 6, 2015.
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The WCJ found the applicant did not meet her burden of proof for a cumulative trauma injury to her psyche based on the totality of the record, including credible witness testimony and medical reports.
Favours Defendant prevailed
This fact was central to denying the cumulative trauma claim and affirming the decision on reconsideration.
From the decision · page 17Based upon the totality of the record, including the credible witness testimony, the subpoenaed
records of TobinLucks, the medical reporting of Panel Qualified Medical Evaluator Patrick Link,
MD, the lack of credible testimony from the Applicant, and the lack of substantial medical
reporting from Dr. Windman and Dr. Curtis, the WCJ found the applicant did not meet her burden
of proof that she sustained injury arising out of and during the course of employment on a
cumulative trauma basis to her psyche.
The WCJ found the reporting of Dr. Freidman more persuasive than Dr. Ha'eri and denied permanent disability and future medical care.
Favours Defendant prevailed
This fact determined the denial of permanent disability benefits and future medical care.
From the decision · page 5Applicant claims the WCJ should have decided permanent disability on the reporting of Dr. Ha'eri
dated February 10, 2016 where in Dr. Ha'eri found muscle spasm, tenderness and guarding to the
cervical spine and found a Category II, 5% whole person impairment. (Exhibit "5", p. 2). He
returned her to full duties without any restrictions. (Exhibit "5", p. 3). Dr. Ha'eri stated 100% of
the injury was caused by the specific injury, but had not reviewed any automobile accident records.
Dr. Ha'eri did not discuss the "history of prior motor vehicle accident injuries" but mentioned
them only in passing. However, the WCJ found the reporting of Marc Freidman, M.D. dated
January 23, 2016 more persuasive. Dr. Freidman discussed the February 2, 2015 motor vehicle
accident where Applicant had injuries to her neck and eye when she hit the steering wheel, with
treatment for two months. (Exhibit "5", p. 2). Although the Applicant told Dr. Freidman of her
subjective complaints of left sided stiffness and aching and "subjective sense of decreased
sensation fourth and fifth fingers on the left, Dr. Freidman comments that he finds, "no true