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Gary Croteau — ADJ10839374

GARY CROTEAU, Applicant vs. COLORADO ROCKIES CKA NEW JERSEY DEVILS; CALIFORNIA GOLDEN SEALS; ARGONAUT INSURANCE COMPANY; KANSAS CITY SCOUTS NKA NEW JERSEY DEVILS; ACE AMERICAN INSURANCE COMPANY, administered by ESIS; RED WINGS, Self-Insured, Defendants

ADJ number
ADJ10839374
Decision date
Mar 2, 2023
District office
Santa Ana
WCJ
Oliver Cathey
Claim administrator
ESIS (administering ACE American Insurance Company); Argonaut Insurance Company
Commissioners
—

Injury / body parts: head, neck, back, shoulders, elbows, wrists, hands, fingers, knees, hips, ankles, feet, toes, neurological, left knee, right knee

LC §4060LC §4061LC §4062LC §4062.2LC §4650LC §5412LC §3202CCR §10325

Summary

Gary Croteau, a former professional hockey player (1968-1980), claimed a cumulative trauma injury to multiple body parts, with the claim later limited to orthopedic and neurological injuries. The WCJ found the injuries became permanent and stationary on March 21, 2018, the date of QME Dr. Einbund's evaluation, and ordered permanent disability payments to commence from that date. Applicant sought reconsideration arguing P&S status should date to approximately 1981 (three months after his retirement), while Defendant ACE American argued the QME reports were inadmissible and not substantial medical evidence. The Board affirmed the F&A, holding that opinions placing the P&S date prior to 2018 were based on speculation since no doctor reviewed medical records predating 2018, and corrected a clerical error in Finding 11 (changing 'right knee' to 'left knee' apportionment at 70%) as harmless error. The Board concluded March 21, 2018 was the proper P&S date and date of injury under Labor Code section 5412, with PD payments correctly commencing on that date under section 4650(b)(2).

Issues

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Holding

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Analysis

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Applicant takeaway

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