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.
QMERejected · psychiatry
Apportioned 20% of psychiatric injury to nonindustrial factors but failed to provide substantial medical evidence as required by Escobedo.
Opinion lacked detailed reasoning and explanation of apportionment percentages, thus not substantial medical evidence.
From the decision · page 4non-industrial factors. For these reasons we find that Dr. Egan's apportionment discussion did not
QMERecord developed further · chiropractor
Initial report ruled out carpal tunnel syndrome based on physical tests but did not address EMG/nerve conduction studies or wrist injury and disability explicitly.
Did not discuss EMG/nerve studies or wrist disability; further clarification requested by WCAB.
From the decision · page 5The WCAB has a duty to further develop the record when there is a complete absence of
(Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389, 393-395 [62 Cal.Comp.Cases
924]) or even insufficient (McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117,
1121-1122 [63 Cal.Comp.Cases 261]) evidence on an issue. The WCAB has a constitutional
mandate to ensure "substantial justice in all cases." (Kuykendall v. Workers' Comp. Appeals Bd.
(2000) 79 Cal.App.4th 396, 403 [65 Cal.Comp.Cases 264].) In accordance with that mandate, we
will amend the decision in case ADJ16597926 to defer the issues of industrial injury to the wrists
and permanent disability so that the record may be more fully developed on these issues. In the
further proceedings, Dr. Shani should clarify his findings regarding the applicant's wrists, directly
addressing the EMG/nerve studies and the reporting of Drs. Tabibian and Haronian. Dr. Shani
should also clarify whether any wrist issues were subsumed in the permanent impairment ascribed
to the neck and back. We express no opinion on the ultimate resolution of this matter.
PTPRelied upon
Diagnosed carpal tunnel syndrome and disagreed with QME, opining wrists injury was industrial and part of permanent disability.
Disagreed with QME's ruling out of wrist injury; supported industrial injury to wrists.
From the decision · page 5wrist. (June 27, 2024 report at pp. 8-9.) In so finding, Dr. Haronian wrote "As it relates to the
wrists, I am in disagreement with the assessment of the QME, as it is not compile impairment [sic]
or discussion in regards to wrists. The neurodiagnostic studies did reveal evidence of carpal tunnel
syndrome and her work-related activities are consistent with her complaints on an industrial basis.
As such, I do believe that the carpal tunnel syndrome is part of the industrial injury." (June 27,
2024 report at pp. 8-9.)
PTPRelied upon
Reported EMG and nerve conduction studies showing bilateral moderate carpal tunnel syndrome.
Provided objective diagnostic evidence of wrist injury.
From the decision · page 4Benham Sam Tabibian, M.D. who wrote in a January 17, 2023 report that EMG and nerve