WCPanelIQ
PanelMed-legalDenied

George Hamilton — ADJ10757289, ADJ10757290

GEORGE HAMILTON, Applicant vs. CITY OF SAN JOSE; administered by INTERCARE, Defendant

ADJ number
ADJ10757289, ADJ10757290
Decision date
Oct 28, 2021
District office
Oakland
WCJ
Therese Da Silva
Claim administrator
Intercare
Commissioners
—

Injury / body parts: back, basal cell carcinoma (neck), squamous cell carcinoma (left upper arm), bladder (cancer), retrograde ejaculation / sexual dysfunction, sleep disturbance, tinnitus

Summary

George Hamilton, a San Jose police officer, sustained two cumulative trauma injuries: one to his back (13% PD, resolved by stipulation) and one ending January 19, 2017, comprising bladder cancer, skin cancers, retrograde ejaculation, sleep disturbance, and tinnitus. The WCJ found applicant permanently totally disabled (100%), relying on the urology AME (Dr. Duncan) and vocational expert (Frank Diaz), holding applicant rebutted the scheduled rating through vocational evidence. Defendant sought reconsideration, arguing the AME's opinion was not substantial medical evidence because it rested on subjective complaints without urodynamic testing, that the AME was unqualified to give a vocational opinion, and that the vocational expert erroneously included the back injury. The WCAB denied reconsideration, adopting the WCJ's Report, emphasizing the WCJ's credibility findings and that applicant credibly explained why invasive testing was not feasible due to pain from six surgeries and chemotherapy. The Board found the AME's reliance on subjective bladder symptoms was proper and the vocational evidence supported total disability based on the bladder injury alone.

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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