What the panel treated as outcome-determinative, and which side it favoured.
Applicant credibly testified to experiencing left knee pain during a folkloric dance at work, supporting injury causation.
Favours Applicant prevailed
This testimony was relied upon by the WCJ and Appeals Board to find injury arose out of and in the course of employment.
From the decision · page 3Here, the WCJ notes in the Report that panel qualified medical evaluator (PQME) Dr. Mark
Mikhael deferred the issue of industrial causation of the left knee to the trier of fact. (Report, at
p. 3.) The WCJ determined the applicant "testified credibly that she experienced pain in the left
knee when she turned around while participating in the folkloric dance in support of her subjective
narrative." (Id.) We conclude there is no evidence of considerable substantiality that would
warrant rejecting the WCJ's credibility determination(s). (Garza, supra, at pp. 318-319.)
QME Dr. Mark Mikhael deferred the issue of industrial causation to the trier of fact, emphasizing reliance on applicant's subjective narrative.
Favours Applicant prevailed
The Board relied on this deferral and the applicant's credible testimony to uphold injury causation.
From the decision · page 3Here, the WCJ notes in the Report that panel qualified medical evaluator (PQME) Dr. Mark
Mikhael deferred the issue of industrial causation of the left knee to the trier of fact. (Report, at
p. 3.) The WCJ determined the applicant "testified credibly that she experienced pain in the left
knee when she turned around while participating in the folkloric dance in support of her subjective
narrative." (Id.) We conclude there is no evidence of considerable substantiality that would
warrant rejecting the WCJ's credibility determination(s). (Garza, supra, at pp. 318-319.)
Defendant failed to prove actual prejudice from late injury notice, so claim was not barred under Labor Code 5400.
Favours Applicant prevailed
Lack of evidence of prejudice led to denial of claim bar defense.