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ADJ11914024 — California WCAB decision · SimilarCase

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California WCABPanel decision

ADJ11914024 · April 13, 2021

Petition for Reconsideration denied

Issues decided: 1
Medical opinions weighed: 1
Authorities named: 1
District office: Pomona

What the panel ordered

Petition for Reconsideration denied

Petition for Reconsideration filed by Applicant and denied by WCAB panel after review of WCJ report

Read the official decision →

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 prevailed

The panel found the PQME Dr. Charles Schwarz's medical reports to be substantial evidence supporting no industrial causation, and the applicant failed to meet the burden of proof for injury arising out of employment.

From the decision · page 1The employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence. (Lab. Code, § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3202.5, 3600(a).) In this case, we agree with the WCJ that the opinion of panel qualified medical examiner (PQME) Charles Schwarz, M.D., is substantial medical evidence that supports the finding of no industrial causation. Therefore, applicant did not meet their burden of proof. Applicant did not exercise due diligence in developing the record prior to trial and the request to do so now is too late.

The facts that decided it

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PQME Dr. Charles Schwarz's reports concluded the injuries were non-industrial and not caused by employment.

Favours Defendant prevailed

The panel found these reports to be substantial medical evidence supporting no industrial causation, leading to denial of the petition.

From the decision · page 1The employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence. (Lab. Code, § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3202.5, 3600(a).) In this case, we agree with the WCJ that the opinion of panel qualified medical examiner (PQME) Charles Schwarz, M.D., is substantial medical evidence that supports the finding of no industrial causation. Therefore, applicant did not meet their burden of proof. Applicant did not exercise due diligence in developing the record prior to trial and the request to do so now is too late.

Applicant did not exercise due diligence in developing the record prior to trial and did not rebut the medical evidence.

Favours Defendant prevailed

This failure contributed to the panel's decision to deny reconsideration as the applicant did not meet the burden of proof.

From the decision · page 1The employee bears the initial burden of proving injury arising out of and in the course of employment (AOE/COE) by a preponderance of the evidence. (Lab. Code, § 5705; South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3202.5, 3600(a).) In this case, we agree with the WCJ that the opinion of panel qualified medical examiner (PQME) Charles Schwarz, M.D., is substantial medical evidence that supports the finding of no industrial causation. Therefore, applicant did not meet their burden of proof. Applicant did not exercise due diligence in developing the record prior to trial and the request to do so now is too late.