WCPanelIQ
PanelQMEMed-legalDenied

Miguel Cisneros — ADJ15636495, ADJ10877994, ADJ11129522

MIGUEL CISNEROS, Applicant vs. MANHATTAN FINISH INC.; SECURITY NATIONAL INSURANCE COMPANY administered by AMTRUST, Defendants

ADJ number
ADJ15636495, ADJ10877994, ADJ11129522
Decision date
Feb 14, 2023
District office
Van Nuys
WCJ
Randal Hursh
Claim administrator
AmTrust (administering for Security National Insurance Company)
Commissioners
—

Injury / body parts: right shoulder, right elbow, neck, back, right knee, right hip

Summary

Miguel Cisneros, a 51-year-old cabinet maker for Manhattan Finish, Inc., claimed cumulative trauma injury to his right shoulder, elbow, neck, back, and right knee over the period November 18, 2015 through November 18, 2016. The WCJ found industrial injury and awarded 31% permanent disability based on the reports of applicant's primary treating physician, Dr. Sam Tabibian. Defendant petitioned for reconsideration, arguing Dr. Tabibian's reports were not substantial medical evidence because he failed to review Kaiser records and PQME Dr. Hohl's reports addressing the applicant's nonindustrial avascular necrosis of the right hip. The WCAB affirmed, finding that Dr. Tabibian was in fact aware of the avascular necrosis diagnosis and abnormal gait through Dr. Dierckman's consultation report and a hip MRI, and possessed a detailed understanding of the arduousness of applicant's work, while PQME Hohl lacked such understanding. The Board cited Place v. WCAB for the principle that one physician's opinion may constitute substantial evidence even if inconsistent with others.

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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