WCPanelIQ
PanelQMEMed-legalLienDenied

Nkwonta, Benjamin

BENJAMIN NKWONTA, Applicant vs. COUNTY OF KERN; permissibly self-insured, Defendants

ADJ number
ADJ10320494
Decision date
Jul 23, 2023
District office
Bakersfield
WCJ
Marilen E. Zinner
Claim administrator
County of Kern (permissibly self-insured)
Commissioners
—

Injury / body parts: heart, left shoulder, deep vein thrombosis, left wrist/upper extremity (grip)

LC §5313LC §5903LC §5813LC §4903CCR §10396CCR §10945CCR §10682

Summary

Applicant Benjamin Nkwonta, a 53-year-old defense attorney employed by the County of Kern, suffered a sudden cardiac arrest on September 16, 2015 (specific injury, ADJ10320494) while cross-examining a witness, plus a cumulative trauma injury to the heart from March 10, 2003 through September 16, 2015 (ADJ10528386). The WCJ awarded 78% permanent disability for the specific injury and 26% PD for the cumulative trauma, relying on PQME Dr. Edward O'Neill (cardiology/internist) and orthopedic QME Dr. Donald Schengel. The County's Petition for Reconsideration argued the WCJ erred by relying on Dr. O'Neill rather than Dr. Lensky, double-counting cardiomyopathy, allowing grip-loss impairment, allowing coronary artery disease, and refusing to apportion the arrhythmia. The WCAB denied reconsideration, adopting the WCJ's Report and Opinion, finding Dr. O'Neill's opinions constituted substantial medical evidence and that the County failed to challenge the substantiality of those opinions or comply with WCAB Rule 10945(b).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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