WCPanelIQ
PanelQMEMed-legalGranted in Part

Herman O'Berry — ADJ10232171

HERMAN O'BERRY, Applicant vs. SAINT LOUIS RAMS; WORLD LEAGUE OF AMERICAN FOOTBALL, NFL EUROPE/AMSTERDAM ADMIRALS and FAIRMONT PREMIER INSURANCE COMPANY, administered by ZENITH INSURANCE COMPANY, Defendants

ADJ number
ADJ10232171
Decision date
Mar 24, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Zenith Insurance Company (administering for Fairmont Premier Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: head, neck, shoulders, elbows, left wrist, back, bilateral hips, bilateral knees, left ankle, headaches, sleep disorder

LC §5412LC §5401LC §5405LC §3600.5LC §4663LC §4664LC §5701LC §5952LC §5906

Summary

Herman O'Berry, a former professional football player, claimed a cumulative trauma injury to multiple body parts during his employment with the St. Louis Rams and NFL Europe/Amsterdam Admirals between 1995 and 1998. The WCJ found 77% permanent disability, relying on orthopedic QME Dr. Einbund and neurology QME Dr. Nudleman. Defendant sought reconsideration, challenging the substantiality of Dr. Einbund's bilateral knee impairment ratings, Dr. Danzig's contrary apportionment opinion, and Dr. Nudleman's sleep disorder findings. The Board granted reconsideration, affirmed the disability findings except for the knee disability, and found that neither Dr. Einbund's nor Dr. Danzig's reports constituted substantial evidence on the knees because Dr. Einbund rated arthritis via cartilage intervals without an Almaraz/Guzman analysis and Dr. Danzig improperly disregarded the cartilage interval rating. The Board deferred the right and left knee disability, the overall cumulative injury disability, and attorney fees, returning the matter to the WCJ for development of the record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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