What the panel ordered
Findings and Order of November 3, 2020, affirmed except amended to defer psychiatric injury issues and remanded to WCJ for amended decision.
Petition for Reconsideration filed by applicant, denied by WCJ, then reviewed by WCAB panel which affirmed WCJ's Findings and Order except to defer psychiatric injury issues and remand to WCJ for further analysis.
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 prevailedback · elbows · wrists · hands · fingers · hips · knees · feet · fibromyalgia
The WCJ and WCAB found the QME reports by Dr. Hohl and Dr. Yousefi to be substantial evidence that applicant did not sustain orthopedic injuries AOE/COE.
From the decision · page 3We first note, as the WCJ stated in the Report, Dr. Hohl and Dr. Yousefi each took a complete history, reviewed medical records, examined applicant, and explained the basis for their opinions. Applicant's disagreement with the doctors' conclusions do not make them invalid or render them to be not substantial evidence. "Applicant had the opportunity to question the doctors about their findings, but depositions were not scheduled." (Report, p. 4.) Thus, we agree that the reports are substantial evidence and we will not disturb the WCJ's Finding that applicant did not sustain the orthopedic injuries as claimed.