Injury / body parts: lumbar spine, cervical spine, right knee, psyche, back, neck, hernia, headache
LC §4656LC §5701
Summary
Applicant Gary Bryant sustained an industrial injury while employed by The Kroger Company (dba Ralphs Grocery) and disputes arose over the extent of permanent disability, particularly involving the right knee. The defendant petitioned for reconsideration arguing that the WCJ improperly relied on secondary treating physician Dr. Chan's right knee assessment rather than the PQME Dr. Golden's opinion, alleging the WCJ 'cherry picked' impairment factors between reports. The WCJ found injury to the lumbar spine, cervical spine, right knee and psyche, adopting Dr. Golden's findings for the spine and Dr. Chan's findings for the denied right knee, resulting in 24% permanent disability. The WCAB adopted and incorporated the WCJ's report, giving great weight to credibility determinations and noting that a single physician's opinion may constitute substantial evidence even if inconsistent with others. The Petition for Reconsideration was denied.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.