TIMOTHY LAHEY, Applicant vs. MEDLINE INDUSTRIES; PROPERTY INSURANCE AND CASUALTY COMPANY OF HARTFORD, administered by BROADSPIRE, Defendants
ADJ number
ADJ15199903
Decision date
Sep 11, 2023
District office
Van Nuys
WCJ
Todd T. Kelly
Claim administrator
Broadspire (administering for Property Insurance and Casualty Company of Hartford)
Commissioners
—
Injury / body parts: low back, left hip, right hip
Summary
Timothy Lahey, a 36-year-old forklift driver for Medline Industries, struck a metal pillar at about 5 mph on June 23, 2021, injuring his low back (and alleged bilateral hips). The PQME, Dr. Mark Hellner, initially found the applicant not P&S, but after reviewing prior medical records (2010-2022) revealing an eight-year history of chronic back pain, injuries, and prior motor vehicle accidents that the applicant had concealed, concluded the June 2021 incident was merely an exacerbation of a pre-existing condition with no resulting impairment and no need for future medical care. The WCJ found no permanent disability, no need for further treatment, and no temporary disability (which the applicant had not claimed), relying heavily on the PQME and the applicant's lack of candor and poor demeanor at trial. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report, and gave great weight to the WCJ's credibility determinations under Garza. The outcome confirmed the take-nothing findings.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.