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).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Dr. Ross's reports established that the cervical spine injury was industrially caused and related to the original injury on August 22, 2017.
Favours Applicant prevailed
This was substantial evidence that supported granting reconsideration and amending the findings to include the cervical spine 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).
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.
Dr. Ross concluded that applicant sustained injury during employment on August 22, 2017, including C6 radiculopathy, and that the totality of her orthopedic condition was related to the original injury. He found industrial causation and a need for future medical treatment.
Dr. Ross examined the applicant, took history, reviewed medical records, and explained the basis for his conclusions, providing substantial evidence of industrial causation for the cervical spine 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).
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Southern California Rapid Transit District, Inc. v. Workers' Comp. Appeals Bd. (Weitzman) (1979) 23 Cal.3d 158; Rodgers v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 567
An injury is compensable as a consequence of a prior injury when it is the direct and natural consequence of the original industrial injury, relating back to the original injury.
The Board applied this standard to find that the cervical spine injury was a compensable consequence of the original injury based on Dr. Ross's opinions and the record evidence.
From the decision · page 4the direct and natural consequence of an original industrial injury; the subsequent injury is considered to relate back to the original injury (Southern California Rapid Transit District, Inc. v. Workers' Comp. Appeals Bd. (Weitzman) (1979) 23 Cal.3d 158 [44 Cal.Comp.Cases 107]; Rodgers v. Workers' Comp. Appeals Bd. (1985) 168 Cal.App.3d 567 [50 Cal.Comp.Cases 299].)
What proof carried it
The evidence the panel weighed, by kind.
Dr. Ross's reports were well-reasoned, based on adequate history and examination, and disclosed the basis for his opinion, constituting substantial evidence.
From the decision · page 3When a physician's report is well-reasoned, is based on an adequate history and examination, and discloses the underlying basis for the opinion, the report is substantial evidence. (Granado v. Workmen's Comp. Appeals Bd. (1968) 69 Cal.2d 399 [33 Cal.Comp.Cases 647]; McAllister v. Workmen's Comp. Appeals Bd. (1968) 69 Cal.2d 408 [33 Cal.Comp.Cases 660]; Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604 (Appeals Board en banc).)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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