PHIL ZARUBIN, Applicant vs. CITY OF RICHMOND, AIMS (SACRAMENTO) et al., Defendants
ADJ number
ADJ16362715
Decision date
Date unavailable
District office
Oakland
WCJ
Raymond E. Frost (Arbitrator)
Claim administrator
AIMS (Sacramento)
Commissioners
—
Injury / body parts: lumbar spine, cervical spine, thoracic spine, upper back, pelvis, coccyx, right shoulder girdle
LC §4850LC §5903LC §5952CCR §10842CCR §10945
Summary
Firefighter Phil Zarubin returned to full duties on December 21, 2020 after an accepted 2019 cumulative trauma injury, then fell backward onto his buttocks and tailbone while pulling a fire hose on December 23, 2020. The dispute, adjudicated through the City of Richmond/IAFF Local 188 ADR 'carve-out' program, was whether the December 23, 2020 incident caused a new, standalone industrial injury or merely a temporary exacerbation/recurrence of his prior lumbar injury. The arbitrator found that Applicant's IME, Dr. Pang, constituted substantial evidence supporting a new injury to the lumbar spine, cervical and thoracic spine, pelvis, coccyx, and right shoulder girdle, while the defense IME, Dr. Feinberg, gave non-committal and contradictory opinions and failed to address most body parts. The WCAB adopted and incorporated the arbitrator's report and denied reconsideration. The Board also admonished defense counsel for attaching approximately 36 pages already in the record or never admitted into evidence, in violation of WCAB Rules 10842(c) and 10945.
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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