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California WCABPanel decision

ADJ14842904 · March 5, 2025

Findings and Order rescinded and substituted; injury found industrial; matter returned to trial level for further proceedings

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

What the panel ordered

Findings and Order rescinded and substituted; injury found industrial; matter returned to trial level for further proceedings

Petition for Reconsideration granted; prior WCJ Findings and Order rescinded and substituted with new Findings and Order finding industrial injury

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold December 2, 2024.

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 prevailedneck · left upper extremity · lower back

The evidence, including medical reports, testimony, and corroborating photos, supported applicant's version of events and injury despite delayed reporting and applicant's inability to testify due to amnesia. The Board found the WCJ's credibility determinations unsupported and rescinded the prior Findings and Order, finding the injury industrial.

From the decision · page 1The WCJ found, in pertinent part, that applicant did not sustain an industrial injury on February 18, 2021.

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ADJ14842904 — California WCAB decision · SimilarCase

Applicant suffered a seizure with retrograde amnesia in November 2021, preventing him from testifying about the injury event.

Favours Applicant prevailed

Applicant's inability to testify was not held against him; the Board found no negative inference could be drawn from this fact.

From the decision · page 4First, the WCJ takes issue with the fact that applicant himself did not testify; however, that

Applicant's girlfriend's testimony and phone records corroborated the timing and circumstances of the injury and photos taken at the scene on the date of injury.

Favours Applicant prevailed

This corroboration supported applicant's version of events and injury claim.

From the decision · page 2Applicant's girlfriend testified that she spoke with him on the day of the accident for 53 minutes. (Transcript, supra at p. 66, lines 4-11.) Applicant told her that he slipped and fell at the jobsite, hitting his head. (Id. at p. 66, lines 12-17.) Applicant told her he was concerned about reporting the injury and how it would impact an upcoming bonus. (Id. at p. 68, lines 7-23.) He also wanted to see if the injury would subside on its own. (Id. at p. 69, lines 5-7.)

Medical records from March 8, 2021, corroborated applicant's reported mechanism of injury and symptoms consistent with the injury claim.

Favours Applicant prevailed

Supported the finding of industrial injury despite delayed reporting.

From the decision · page 5corroborated by the medical record. However, again, the medical record provides ample evidence corroborating applicant's reported mechanism of injury. Applicant first sought in-person treatment on March 8, 2021, which was prior to applicant's seizure. The emergency room report states:

Testimony about workplace culture discouraging injury reporting due to fear of mockery and impact on bonuses.

Favours Applicant prevailed

Explained applicant's delayed reporting and supported credibility of injury claim.

From the decision · page 3And I think he was -- you know, it was -- 'cause he didn't know if it was gonna be serious or minor, and I think he had the impression that if he reported and it ended up being minor that he would be the subject of the same type of mockery from the other guys around the yard, you know. And then, obviously, if he reported it and it ended up being serious and he had to take time off of work, then he was concerned, you know, that his bonus might be in jeopardy.