Artemio Fajardo — ADJ15748945

Applicant, a 58-year-old grocery associate, claimed a December 17, 2021 injury to his neck, right arm, and right hand while lifting merchandise on a ladder. The claim was admitted as to the right arm and hand, and applicant underwent a cervical fusion (C3-T1) at Kaiser. After applicant filed a DOR to Expedited Hearing on temporary disability, the WCJ proceeded to trial over defendant's objection and issued an F&A finding industrial neck injury, entitlement to TD, and attorney fees, relying on the sole medical report of treating physician Dr. Abrams. Defendant petitioned for reconsideration, arguing Dr. Abrams' report was not substantial evidence and that proceeding to trial without converting the Expedited Hearing to an MSC violated due process. The WCAB denied reconsideration, adopting the WCJ's report, and noted that a single physician's opinion may constitute substantial evidence even if inconsistent with others (Place v. WCAB).