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Coby Dietrick — ADJ8301583

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

LC §5701LC §5815LC §4663LC §4664LC §4906CCR §10152CCR §10205CCR §10305CCR §10775CCR §10803CCR §10807CCR §10842

Summary

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 After the original WCJ rescinded her award and retired, the successor WCJ appointed Dr.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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Holding

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