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Andrew Hebenton — ADJ11905880

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

ADJ number
ADJ11905880
Decision date
Dec 20, 2022
District office
Santa Ana
WCJ
Richard Brennen
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, shoulders, wrists, elbows, hands, fingers, hips, knees, feet, arrhythmia, hypertension, head, posttraumatic head syndrome, neuro-psyche, TMJ, teeth

CCR §10605

Summary

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.

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