COBY DIETRICK, Applicant vs. SAN ANTONIO SPURS/CHICAGO BULLS and INSURANCE COMPANY OF NORTH AMERICA, administered by ESIS; FIREMAN’S FUND INSURANCE COMPANY, Defendants
ADJ number
ADJ8301583
Decision date
Apr 28, 2022
District office
Santa Ana
WCJ
Jeremy Clifft
Claim administrator
ESIS (administering Insurance Company of North America); Fireman's Fund Insurance Company
Commissioners
—
Injury / body parts: cervical spine, lumbar spine, left knee, bilateral hips, shoulders, elbows, wrists, hands, fingers, right knee, ankles, feet, toes, hamstrings, head, neurological system
Coby Dietrick, a former professional basketball player, claimed a cumulative trauma injury during his 1970-1985 career to numerous body parts and his neurological system. After the original WCJ rescinded her award and retired, the successor WCJ appointed Dr. Laura Hatch as a regular physician under Labor Code section 5701, who found orthopedic injury to the cervical spine, lumbar spine, left knee, and bilateral hips, with 48% permanent disability and apportionment of 50% to nonindustrial causes for the spine. Applicant sought reconsideration challenging the P&S date, the appointment of a regular physician over his QME's reports, the substantiality of Dr. Hatch's reporting and apportionment, the refusal to reopen discovery for new body parts, and the 15% attorney fee. The Appeals Board affirmed the F&O, adopting the WCJ's Report, except it amended findings to add that applicant did not sustain a neurological injury (per Labor Code section 5815) and to admit Dr. Hatch's reports and deposition (Board Exhibits X, Y, Z) into evidence.
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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