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ADJ13077517 — California WCAB decision · SimilarCase

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California WCABPanel decision

ADJ13077517 · December 13, 2021

Petition for Reconsideration denied.

Issues decided: 1
Medical opinions weighed: 2
Authorities named: 1
District office: Riverside

What the panel ordered

Petition for Reconsideration denied.

Petition for Reconsideration filed by defendant and denied by the WCAB panel on review of the WCJ report.

Read the official decision →

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/COEApplicant prevailedright knee

The panel QME Dr. McSweeney's medical opinion, based on reasonable medical probability and supported by credible applicant testimony and medical records, constitutes substantial evidence that the injury arose out of and in the course of employment on 09/12/2019.

From the decision · page 6Dr. McSweeney stated in his February 18, 2020 report that "It is my medical opinion, based on the information provided, that the applicant did sustain an industrial related injury to the right knee when he was walking on uneven terrain. (Joint Exhibit 8. Page 10). He also stated under "Causation" that "The patient's present symptoms, descriptions of the injury, review of the provided medical records, and the physical examination are consistent with the mechanics of injury as described by the applicant (Joint exhibit 8, Page 9, EAMS Doc ID 35514230).

The facts that decided it

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applicant testified credibly about the injury event on 09/12/2019 involving walking on uneven terrain and stepping on a tapered edge.

Favours Applicant prevailed

This testimony supported the finding that the injury arose out of and in the course of employment.

From the decision · page 12The applicant's testimony was credible. Based on the credible testimony of applicant and the reporting of James McSweeney dated 02/18/2020 and 10/21/2020, it is found that the applicant sustained an injury arising out of and in the course of employment to his right knee on 09/12/2019. There is sufficient direct evidence to find injury AOE/COE based on the totality of evidence. Further, "circumstantial evidence is sufficient to support an award of the commission, and it may be based upon the reasonable inferences that arise from the reasonable probabilities flowing from the evidence; neither absolute certainty nor demonstration is required." (Guerra v. Workers' Comp. Appeals Bd. (2016) 246 Cal.App.4th 1301, p. 1307.). Based upon the reasonable inferences from the evidence in the case, including applicant's testimony, the medical reporting of Dr. McSweeney, contemporaneous medical reporting, the applicant reporting his injury to employer, the applicant did suffer and injury to his right knee on 09/12/2019.

Panel QME Dr. James McSweeney provided a medical opinion within reasonable medical probability that the injury was industrial and causally related to employment activities on 09/12/2019.

Favours Applicant prevailed

The WCJ and WCAB relied on this opinion as substantial medical evidence to establish causation.

From the decision · page 6Dr. McSweeney stated in his February 18, 2020 report that "It is my medical opinion, based on the information provided, that the applicant did sustain an industrial related injury to the right knee when he was walking on uneven terrain. (Joint Exhibit 8. Page 10). He also stated under "Causation" that "The patient's present symptoms, descriptions of the injury, review of the provided medical records, and the physical examination are consistent with the mechanics of injury as described by the applicant (Joint exhibit 8, Page 9, EAMS Doc ID 35514230).