What the panel ordered
The WCAB granted the petition for reconsideration, affirmed the Findings and Award except amended to find injury AOE/COE to the cervical spine in the form of C6 radiculopathy.
Applicant sought reconsideration of the Findings and Award and Order issued by the WCJ on July 6, 2022, which found injury AOE/COE to multiple body parts but not to the neck. The WCAB granted reconsideration to amend the findings to include cervical spine injury.
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.
The QME Dr. Ross's well-reasoned reports, based on examination, history, and medical record review, constituted substantial evidence that the cervical spine injury was industrially caused and a compensable consequence of the original injury.
From the decision · page 4Here, Dr. Ross repeatedly indicated that applicant's orthopedic symptoms, including the C6 radiculopathy, were caused by the original injury, or were a consequence of that injury. Having reviewed the trial record, including applicant's deposition testimony that her treating doctor told her she had a "pinched nerve" in her neck (see App. Exh. 3, pp. 20 § 21, September 9, 2021, deposition transcript), we see no evidence in the record that contradicts or is otherwise inconsistent with Dr. Ross' opinions regarding the cause of applicant's orthopedic symptoms. Again, Dr. Ross examined applicant, took an accurate history, reviewed the medical record, and explained the basis for his conclusions. Thus, his reports constitute substantial evidence that, in addition to the body parts stipulated to by the parties, applicant sustained injury AOE/COE to her cervical spine (neck).