What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed by applicant after trial decision finding no industrial injury
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COEDefendant prevailedcervical spine · lumbar spine · bilateral shoulders
The court found consistent with the AME Dr. Newton's reports that the applicant did not suffer a cumulative trauma or specific industrial injury, thus no industrial injury was found.
From the decision · page 4For whatever reason, this resulted in five additional reports, and a deposition which was conducted in two parts, part one commencing on January 27, 2021, and part two being concluded on June 23, 2021. Dr. Newton was unequivocal that applicant had not suffered a cumulative injury. Thereafter, the case was resubmitted. The court found consistent with the reporting of Dr. Newton that the applicant had not suffered a cumulative trauma, and as the court had previously found that the applicant had not suffered a specific injury, the court concluded that the applicant had not suffered any industrial injury as a result of his employment with R Ranch. The Petition for Reconsideration under current consideration followed.