ADJ13990999 — California WCAB decision

What the panel ordered

Petition for Reconsideration denied

Petition for Reconsideration and/or Removal filed by defendants challenging the WCJ's Findings and Order dated 2/3/2022

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/COEApplicant prevailedlumbar spine

The WCJ and WCAB found the applicant's testimony credible and supported by medical opinions from the primary treating physician and the Panel QME, establishing injury AOE/COE despite prior injuries and arrests not impeaching credibility.

From the decision · page 5On 2/3/2022, the WCJ authored the following Findings of Fact: the applicant, born [] while employed on 12/2/2020 as an OSD Clerk at Bloomington, California by Old Dominion Freight Line, Inc. sustained injury arising out of and in the course of employment to the lumbar spine, additional claim(s) of injury to additional body parts deferred. (Findings of Fact, 2/3/2022, page 1.)

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

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.

PTPRelied upon · Chiropractic

Applicant's current condition and complaints are the direct result of his industrial injury of 12/20/2020.

Based on patient's symptoms, physical findings, and nature of injury.

From the decision · page 4Trial Exhibit 3 was the medical report of Dr. Omid Haghighinia, D.C. entitled "Primary Treating Physician's Medical-Legal Report." Dr. Haghighinia concludes in that report: "...Given the patient's current symptoms, physical findings and the nature of his injury, I believe that this patient's current condition and complaints are the direct result of his industrial injury of 12/20/2020..." (Exhibit 3, Primary Treating Physician's Medical-Legal Report Dr. Omid Haghighinia, D.C. dated 2/1/2021, Page 10.) Applicant was forthcoming with Dr. Haghighinia, disclosing a prior industrial injury to his back and a prior auto accident aggravating his back.. (Exhibit 3, Primary Treating Physician's Medical-Legal Report Dr. Omid Haghighinia, D.C. dated 2/1/2021, Page 4.)

QMERelied upon · Chiropractic Medicine

It is within reasonable medical probability that the injury sustained on December 2, 2020 arose out of employment at Old Dominion Freight Line.

Reviewed medical records including prior injuries and found no basis to change causation opinion.

From the decision · page 4Trial Exhibit 2 was the medical report of Dr. Vi Nguyen, D.C. entitled "Panel Qualified Medical Evaluation In the Specialty of Chiropractic Medicine." Dr. Nguyen concludes in that report that "...it is within reasonable medical probability that his new injury to the neck, lower back, and mid back sustained on December 2, 2020 have arisen out of his employment at Old Dominion Freight Line..." (Exhibit 2, Panel Qualified Medical Evaluation In the Specialty of Chiropractic Medicine, Dr. Vi Nguyen, D.C. dated 4/20/2021, Page 48 of 52.) Dr. Nguyen was provided and reviewed subpoenaed records pertaining to both a prior auto accident and a prior industrial injury. (Exhibit 1, Panel Qualified Medical Evaluation In the Specialty of Chiropractic Medicine, Dr. Vi Nguyen, D.C. dated 7/6/2021, Page 5-11.) After reviewing those records, Dr. Nguyen found no basis upon which to change his earlier April 2021 opinions, including his opinion on causation. (Exhibit 1, Panel Qualified Medical Evaluation In the Specialty of Chiropractic Medicine, Dr. Vi Nguyen, D.C. dated 7/6/2021, Page 12.)

otherGiven great weight · Medical Doctor

Evaluated applicant at company clinic with history of injury to low back and neck lifting many boxes.

Provided medical evaluation consistent with injury history.

From the decision · page 10Three days after reporting his injury, applicant was referred by the employer to the company clinic. Exhibit 6 is the Doctor's First Report authored by Dr. Keith Wresch, describing his evaluation of applicant. The report reflects a history of applicant having suffered an injury to his low back and neck "...lifting many boxes..." (Exhibit 6, paragraph 17.)

What proof carried it

The evidence the panel weighed, by kind.

Testimony and credibilityfavours Applicant prevailed

Applicant's credible testimony of injury mechanism and contemporaneous reporting

From the decision · page 6In summary, the applicant testified credibly of the mechanism of having suffered an industrial injury. The applicant reported the injury to his employer contemporaneous with the injury. The applicant completed an injury report contemporaneous with the injury. The injury report included information concerning prior injury to the same or similar body parts. The site video depicted applicant clutching at his back at the point-of-injury. The applicant was sent to the industrial clinic, where he provided a history of his industrial injury and a recitation of prior injuries. The industrial clinic found injury AOE/COE. The Primary Treating Physician found injury AOE/COE. The Panel Qualified Medical Examiner found injury AOE/COE.

objective testingfavours Applicant prevailed

Site video depicting applicant clutching back at point of injury

From the decision · page 6In summary, the applicant testified credibly of the mechanism of having suffered an industrial injury. The applicant reported the injury to his employer contemporaneous with the injury. The applicant completed an injury report contemporaneous with the injury. The injury report included information concerning prior injury to the same or similar body parts. The site video depicted applicant clutching at his back at the point-of-injury. The applicant was sent to the industrial clinic, where he provided a history of his industrial injury and a recitation of prior injuries. The industrial clinic found injury AOE/COE. The Primary Treating Physician found injury AOE/COE. The Panel Qualified Medical Examiner found injury AOE/COE.

Medical recordsfavours Applicant prevailed

Medical opinions from Primary Treating Physician and Panel QME finding injury AOE/COE

From the decision · page 4Trial Exhibit 3 was the medical report of Dr. Omid Haghighinia, D.C. entitled "Primary Treating Physician's Medical-Legal Report." Dr. Haghighinia concludes in that report: "...Given the patient's current symptoms, physical findings and the nature of his injury, I believe that this patient's current condition and complaints are the direct result of his industrial injury of 12/20/2020..." (Exhibit 3, Primary Treating Physician's Medical-Legal Report Dr. Omid Haghighinia, D.C. dated 2/1/2021, Page 10.) Applicant was forthcoming with Dr. Haghighinia, disclosing a prior industrial injury to his back and a prior auto accident aggravating his back.. (Exhibit 3, Primary Treating Physician's Medical-Legal Report Dr. Omid Haghighinia, D.C. dated 2/1/2021, Page 4.)

ADJ13990999 · April 25, 2022

What the panel ordered

What was disputed, and how it came out

The facts that decided it

Your case already resembles someone else’s. Find whose.

What the panel did with the medical opinions

The rules the panel named

What proof carried it

About this page