WCPanelIQ
PanelQMEMed-legalDenied

Tewoldebrhan Hagos — ADJ12677607, ADJ13968462

TEWOLDEBRHAN HAGOS, Applicant vs. IKEA U.S. RETAIL and LIBERTY MUTUAL, Defendants

ADJ number
ADJ12677607, ADJ13968462
Decision date
May 26, 2021
District office
San Jose
WCJ
Norma L. Acosta
Claim administrator
Liberty Mutual
Commissioners
—

Injury / body parts: cervical spine, left shoulder, left elbow, left wrist, left forearm

LC §4628LC §4663CCR §10682

Summary

Applicant, a forklift driver, claimed both a specific injury (10/06/2018) and cumulative trauma (10/06/2017-10/06/2018) to his cervical spine, left shoulder, left elbow, and left wrist. The WCJ found a compensable cumulative trauma injury (but no specific injury), relying on the PTP Dr. Newman's reports as substantial medical evidence over the PQME Dr. Stearns' contrary opinions, and deferred permanent disability and apportionment pending electrodiagnostic testing. Defendant sought reconsideration arguing Dr. Newman's reports were contradictory, confused causation of injury with causation of permanent disability, and that applicant's testimony was not credible. The WCAB adopted and incorporated the WCJ's report, gave great weight to the credibility determination under Garza, and denied reconsideration, noting that one physician's opinion may constitute substantial evidence even if inconsistent with others (Place).

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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