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Mickey Thornton — ADJ11327965, ADJ8883423

MICKEY THORNTON, Applicant vs. NORTHWEST LINEMAN COLLEGE/GRID TRAINING CORPORATION; ALASKA NATIONAL INSURANCE COMPANY; LASSEN MUNICIPAL UTILITY DISTRICT; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11327965, ADJ8883423
Decision date
Feb 20, 2023
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: cervical spine, low back

LC §5906

Summary

The WCAB granted reconsideration of a WCJ's decision that found good cause to reopen a 2015 stipulated award for a March 21, 2013 cervical spine injury to include new and further disability to the low back. The Board found that the agreed medical evaluator Dr. Bathgate's reports failed to provide substantial medical evidence establishing that the 2013 cervical spine injury caused the low back condition, as her opinions lacked adequate reasoning and appeared to attribute the low back condition to both a 1999 injury and subsequent employment at a different employer. The Board deferred the issue of new and further disability to the low back with jurisdiction reserved, directing that the record be further developed to clarify whether the March 21, 2013 injury caused the need for medical treatment or disability regarding the low back.

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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