ANDREW HEBENTON, Applicant vs. PITTSBURGH PENGUINS, carrier for the BINGHAMTON BROOME DUSTERS; SAN DIEGO HAWKS; STATE COMPENSATION INSURANCE FUND; SAN DIEGO MARINERS; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation, Defendants
Andrew Hebenton, a former professional hockey player, alleged a cumulative trauma injury (10/01/1977 to 04/01/1980) to numerous body parts arising from his playing career. The WCJ issued a Findings and Award relying on the QME reports of Dr. Michael Einbund, who apportioned 100% of the applicant's orthopedic disability to playing professional hockey. State Compensation Insurance Fund petitioned for reconsideration, arguing Dr. Einbund's reports lacked substantial medical evidence because he failed to discuss the effects of obesity on the orthopedic injuries. The WCAB denied reconsideration, adopting the WCJ's report and finding that Dr. Einbund did in fact consider the applicant's weight issues, that weight gain occurred after retirement, and that there was no evidence supporting legal apportionment to weight. The Board emphasized that the opinion of one physician may constitute substantial evidence even if inconsistent with others.
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.
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