What the panel treated as outcome-determinative, and which side it favoured.
Applicant's psychiatric condition deteriorated after initial evaluation and was supported by unrebutted medical evidence from Dr. O'Dowd and Dr. Chen.
Favours Applicant prevailed
Supported finding that applicant met the 35% permanent disability threshold for SIBTF benefits.
From the decision · page 4III.
DISCUSSION
APPLICANT MEETS THE 35% THRESHOLD OF LC SECTION 4751
Pursuant to section 4751, the permanent disability resulting from the subsequent industrial
injury, when considered alone and without regard to or adjustment for the occupation or age of the
employee, must be 35% or more. As previously indicated, at the time of Dr. Dixit's 12/12/2015
evaluation, applicant was not permanent and stationary. Notwithstanding this, applicant settled his
claim by way of Compromise and Release prior to obtaining a P&S report. In order to establish
his eligibility for SIBTF benefits, applicant offered the unrebutted medical reports and opinions of
Dr. Chen and Dr. O'Dowd, which the undersigned found to constitute substantial medical evidence
of applicant's subsequent industrial injury.
Defendant argues Dr. O'Dowd's reporting does not constitute substantial medical evidence
because he failed to explain why he deemed applicant to have reached maximal medical
improvement despite applicant's lack of psychiatric treatment and counseling, despite a lack of
medication, and despite his worsening condition to the point of experiencing suicidal ideation. In
her 01/05/2016 report, Dr. Dixit opined applicant's psychiatric injury was not yet permanent and
stationary and recommended psychological treatment.
Applicant credibly testified about his job duties involving lifting up to 50 pounds over 11 years.
Favours Applicant prevailed
Supported finding of compensable cumulative trauma injury to psyche and spine.
From the decision · page 6it was requested that the undersigned make a finding of whether applicant sustained cumulative
trauma injury through 8/24/2015 to the aforementioned body parts. (11/02/2023 MOH/SOE, p. 2:
8-17; 01/11/2024 MOH/SOE, p. 2: 8-18) To establish his burden of proof on the issue of
AOE/COE, applicant offered the unrebutted medical reports of Dr. Chen and Dr. O'Dowd, which
the undersigned found to constitute substantial medical evidence of applicant's cumulative trauma
injury. Applicant also offered credible testimony of the various lifting duties requiring him to lift
up to 50 pounds during the 11 years he worked for Call Henry. In fact, at trial, defense counsel
aptly cross-examined applicant, in great detail, about his job duties while at Call Henry and about
each of the job duties that required lifting. (11/02/2023 MOH/SOE, pp. 6-8)
Medical reports of Dr. Chen and Dr. O'Dowd documented pre-existing labor disabling conditions including thalassemia, pulmonary, hypertension, erectile dysfunction, right inguinal hernia, osteoarthritis of fingers, and psyche.
Favours Applicant prevailed
Supported finding of pre-existing conditions being labor disabling and supported by substantial medical evidence.
From the decision · page 9Pursuant to medical reports and opinions of Dr. Christopher Chen and Dr. James O'Dowd,
applicant had the following supported pre-existing labor disabling conditions due to thalassemia,
pulmonary, hypertension, erectile dysfunction, right inguinal hernia, osteoarthritis of fingers, and
psyche: