WCPanelIQ
PanelMed-legalGranted

Pezeshkan, Houtan

HOUTAN PEZESHKAN, Applicant vs. CITY OF FOSTER CITY, Permissibly Self-Insured, administered by THE CITIES GROUP, Defendants

ADJ number
ADJ18355035
Decision date
Sep 15, 2025
District office
San Francisco
WCJ
—
Claim administrator
The Cities Group (administrator for City of Foster City, Permissibly Self-Insured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left hand, left index finger

LC §59LC §3202.5LC §3208.1LC §3208.2LC §3600LC §5303LC §5313LC §5701LC §5900LC §5903LC §5906LC §5909LC §5952CCR §10396CCR §10787

Summary

Applicant, a Foster City police officer, alleged a cumulative trauma injury to his left index finger through August 14, 2023, separate from a prior specific injury of May 17, 2017 to the left hand that required ORIF surgery with plate placement. The WCJ found a cumulative trauma injury, but the AME, Dr. Gordon, repeatedly concluded the current symptoms were an exacerbation/natural progression of the 2017 specific injury caused by the retained plate and tendon adherence, not a new injury. Defendant sought reconsideration arguing no separate cumulative injury existed. The Board agreed the AME reporting was not substantial evidence (because Dr. Gordon's opinions were contradictory and reflected possible confusion between exacerbation and aggravation), leaving no substantial medical evidence of a separate cumulative injury. The Board granted reconsideration, rescinded the Findings, and returned the matter to develop the record—including obtaining and considering the medical evidence from the 2017 specific injury to establish a baseline for impairment and need for treatment.

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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