BENITO DE HARO, Applicant vs. LEGACY FRAMERS, INCORPORATED; FEDERAL INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INCORPORATED, Defendants
ADJ number
ADJ12473312
Decision date
Mar 18, 2024
District office
Oakland
WCJ
Christopher Miller
Claim administrator
Gallagher Bassett Services, Incorporated (administering for Federal Insurance Company)
Commissioners
—
Injury / body parts: right knee, back (thoracic spine), spinal cord (paralysis)
LC §3202LC §5500.5LC §6300
Summary
Benito De Haro, a carpenter, sustained an admitted right knee injury on August 8 or 9, 2019, when wood struck his knee. Within days he developed spinal cord hemorrhage from a ruptured cystic lesion at T7 resulting in paralysis, and he claimed both the back injury/paralysis and a cumulative trauma were industrial. The neurology AME, Dr. Wayne Anderson, conducted an exhaustive analysis but could not establish a causal link between the work injury and the spinal cord hemorrhage to a reasonable medical probability, despite acknowledging he had 'reasonable doubt' about the cause and was 'troubled by the timing.' The WCJ found the knee injury compensable but found no industrial causation for the back injury, paralysis, or cumulative trauma, and ordered no compensation payable. On reconsideration, the Appeals Board adopted and incorporated the WCJ's Report and affirmed the F&O.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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