ADJ10895246 · October 2, 2026

The WCJ and WCAB found that the reports of Drs. Schaffzin and Halbrecht constitute substantial medical evidence, while the reports of Drs. Haronian and Kohan lack sufficient medical history, reasoning, and causation analysis to support injury AOE/COE.

From the decision · page 1We previously granted reconsideration to allow us time to further study the factual and legal issues in this case. 1 We now issue our Opinion and Decision After Reconsideration. Lien claimant, Edwin Haronian, M.D., seeks reconsideration of the Joint Findings and Award 2 (JF&A) issued on July 6, 2022 by a workers’ compensation administrative law judge (WCJ) wherein the WCJ found, in relevant part, that while employed by defendant on September 1, 2016, October 1, 2016, and during the period from January 1, 2003 through October 17, 2016, applicant did not sustain injury arising out of and occurring during the course of employment (AOE/COE) to the neck, arms, wrists, back, legs, ankle, foot or other orthopedic injuries. The WCJ further found that the reports of orthopedic panel Qualified Medical Evaluator (PQME), Elliott Schaffzin, M.D., dated December 30, 2019, and PQME, Joanne Halbrecht, M.D., dated October 26, 2019, and June 2, 2020, to be the “more reliable” reports, and that the reports of Dr. Haronian and Jonathan Kohan M.D. are not substantial medical evidence. Thereafter, the WCJ issued an order that they take nothing on their liens as well as an order dismissing both liens with prejudice.

Reports of Drs. Schaffzin and Halbrecht constitute substantial medical evidence supporting no injury AOE/COE.

Favours Defendant prevailed

Their detailed review of extensive medical records and reasoned conclusions persuaded the WCJ and WCAB to deny the injury claim.

From the decision · page 846.) Further, “[o]ngoing complaints of right upper extremity pain in the biceps and elbow area and right shoulder pain” were found to be related to a nonindustrial “glenohumeral internal rotation deficit” and “[most] likely, a right thoracic scoliosis[.]” (Id. at p. 48.) In her June 2, 2020 report, Dr. Halbrecht agreed with Dr. Schaffzin that “there is no evidence of cumulative trauma” for the right humeral epicondylitis and “no impairment of the cervical spine” given applicant’s “full range of motion of the cervical spine and no evidence of radiculopathy, muscle guarding, or spasm.” (Exhibit C, p. 7.) Based upon the foregoing and our review of the evidentiary record, we believe that the December 30, 2019 report of Dr. Schaffzin, and October 26, 2019 and June 2, 2020 reports of Dr. Halbrecht, constitute substantial medical evidence. Both PQMEs completed a full assessment of applicant, reviewed extensive medical records, took a detailed history, and provided evidence and reasoning in support of their conclusions. We therefore agree with the WCJ that there were no injuries AOE/COE on September 1, 2016, October 1, 2016, or during the period from January 1, 2003 through October 17, 2016 while applicant was employed by defendant. Accordingly, we affirm the JF&A.

Reports of Drs. Haronian and Kohan lack sufficient medical history review and causation analysis, failing to meet substantial evidence standards.

Favours Defendant prevailed

Their reports were rejected as not substantial medical evidence, leading to denial of the lien claims.

From the decision · page 6Haronian dated October 8, 2020 “does not perform a full review of medical history of the [a]pplicant.” (JF&A and Opinion on Decision (OOD), p. 3.) Particularly lacking is a discussion regarding applicant’s extensive prior injuries, including the July 18, 2007 motor vehicle accident which involved several overlapping body parts and ultimately led to a right elbow surgery. We agree with the WCJ that despite being provided with copies of the reports of Drs. Schaffzin and Halbrecht, Dr. Haronian “does not indicate why he disagrees with the PQME findings.” (Ibid.) Ultimately, his reports fail to provide a complete history or enough evidence and reasoning to support his conclusions. We note also that there appears to be no review by Dr. Haronian of medical records predating 2017. Dr. Kohan, acting as a secondary physician in pain management, authored one medical report date July 26, 2017. His report similarly lacks a complete analysis of applicant’s medical history and medical records. Dr. Kohan also fails to address causation as to applicant’s claimed injuries to the cervical spine, right shoulder, left ankle, right and elbow.

No evidence of work-related cervical spine injury; symptoms attributed to prior falls and nonindustrial issues; right lateral humeral epicondylitis and radial tunnel syndrome due to prior 2007 injury and surgery; no evidence of cumulative trauma or work-related injury to left hip, knee, foot, or heel; gait disorder and need for cane not AOE/COE.

Reviewed extensive medical records and provided detailed reasoning for no injury AOE/COE findings.

From the decision · page 2Schaffzin indicated that there was no evidence of a work-related cervical spine injury. (Exhibit A, p. 63.) He noted multiple prior falls outside of work and attributed applicant’s right shoulder, left hip, and left knee symptoms to said falls and other nonindustrial issues. (Id. at pp. 63-64.) With respect to applicant’s right lateral humeral epicondylitis and radial tunnel syndrome, he indicated that both were the result of a prior July 18, 2007 right elbow injury and ensuing surgery. (Id. at p. 63.) Further, although there was a

Concluded no causal relationship between applicant's symptoms and alleged injuries; back and leg pain due to preexisting low back pain; cervical and right upper extremity complaints related to 2007 motor vehicle accident; no evidence of cumulative trauma or impairment of cervical spine.

Reviewed extensive medical records and provided detailed reasoning for no injury AOE/COE findings.

From the decision · page 3(Ibid.) In her report dated October 26, 2019, Dr. Halbrecht similarly concluded that applicant’s cervical and right upper extremity complaints were causally related to a prior July 18, 2007 motor vehicle accident. (Exhibit B, p. 46.) She noted also that the medical records did not substantiate “causal relationships” between applicant’s symptoms to the left side of the body, left knee, left foot, neck, back, right shoulder, arms, bilateral knees and the alleged May 1, 2014, May 2016, September 2016, and October 2016 injuries. (Id. at p.

Reports lack full medical history review and sufficient reasoning; no substantial medical evidence for injury AOE/COE; does not address causation adequately.

Reports fail to provide complete history or enough evidence and reasoning to support conclusions; no review of medical records predating 2017.

From the decision · page 6Haronian dated October 8, 2020 “does not perform a full review of medical history of the [a]pplicant.” (JF&A and Opinion on Decision (OOD), p. 3.) Particularly lacking is a discussion regarding applicant’s extensive prior injuries, including the July 18, 2007 motor vehicle accident which involved several overlapping body parts and ultimately led to a right elbow surgery. We agree with the WCJ that despite being provided with copies of the reports of Drs. Schaffzin and Halbrecht, Dr. Haronian “does not indicate why he disagrees with the PQME findings.” (Ibid.) Ultimately, his reports fail to provide a complete history or enough evidence and reasoning to support his conclusions. We note also that there appears to be no review by Dr. Haronian of medical records predating 2017. Dr. Kohan, acting as a secondary physician in pain management, authored one medical report date July 26, 2017. His report similarly lacks a complete analysis of applicant’s medical history and medical records. Dr. Kohan also fails to address causation as to applicant’s claimed injuries to the cervical spine, right shoulder, left ankle, right and elbow.

Report lacks complete analysis of medical history and causation; no substantial medical evidence for injury AOE/COE.

Report lacks complete analysis and fails to address causation for claimed injuries.

From the decision · page 6Haronian dated October 8, 2020 “does not perform a full review of medical history of the [a]pplicant.” (JF&A and Opinion on Decision (OOD), p. 3.) Particularly lacking is a discussion regarding applicant’s extensive prior injuries, including the July 18, 2007 motor vehicle accident which involved several overlapping body parts and ultimately led to a right elbow surgery. We agree with the WCJ that despite being provided with copies of the reports of Drs. Schaffzin and Halbrecht, Dr. Haronian “does not indicate why he disagrees with the PQME findings.” (Ibid.) Ultimately, his reports fail to provide a complete history or enough evidence and reasoning to support his conclusions. We note also that there appears to be no review by Dr. Haronian of medical records predating 2017. Dr. Kohan, acting as a secondary physician in pain management, authored one medical report date July 26, 2017. His report similarly lacks a complete analysis of applicant’s medical history and medical records. Dr. Kohan also fails to address causation as to applicant’s claimed injuries to the cervical spine, right shoulder, left ankle, right and elbow.

Lab. Code, §§ 3202.5, 5705; South Coast Framing v. Workers’ Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291; Braewood Convalescent Hospital v. Workers’ Comp. Appeals Bd. (Bolton) (1983) 34 Cal.3d 159; E.L. Yeager v. Workers’ Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922; Kyle v. Workers’ Comp. Appeals Bd (City and County of San Francisco) (1987) 195 Cal.App.3d 614; Kaiser Foundation Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.3d 57; Kunz v. Patterson Floor Coverings Inc. (2002) 67 Cal.Comp.Cases 1588

Burden of proof rests on the party holding the affirmative; injury AOE/COE must be established by preponderance of evidence; substantial medical evidence must be reasonable, credible, and of solid value.

Applied to evaluate sufficiency of medical evidence and burden of proof on injury AOE/COE.

From the decision · page 5Turning now to the merits of the Petition, it is well established that the burden of proof rests upon the party holding the affirmative of the issue. (Lab. Code, § 5705.) As such, when an employee claims injury AOE/COE, it is the employee who carries the burden of proof in establishing industrial causation, and they must show that the employment was a contributing cause. (South Coast Framing v. Workers’ Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297- 298, 302; Lab. Code, §§ 5705, 3600.) Pursuant to section 3202.5, the evidentiary burden of proof is to be met by a preponderance of the evidence. However, “[t]hat burden manifestly does not require the applicant to prove causation by scientific certainty.” (Rosas v. Worker’s Comp. Appeals Bd. (1993) 16 Cal.App.4th 1692, 1701 [58 Cal.Comp.Cases 313].) Further, substantial medical evidence is used to establish industrial causation. “The term ‘substantial evidence’ means evidence which, if true, has probative force on the issues. It is more than a mere scintilla, and means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion…It must be reasonable in nature, credible, and of solid value.” (Braewood Convalescent Hospital v. Workers’ Comp. Appeals Bd. (Bolton) (1983) 34 Cal.3d 159, 164 [48 Cal.Comp.Cases 566], emphasis removed and citations omitted.) Pursuant to E.L. Yeager

Reports of Drs. Schaffzin and Halbrecht reviewed extensive medical records, took detailed histories, and provided reasoning supporting no injury AOE/COE findings.

From the decision · page 846.) Further, “[o]ngoing complaints of right upper extremity pain in the biceps and elbow area and right shoulder pain” were found to be related to a nonindustrial “glenohumeral internal rotation deficit” and “[most] likely, a right thoracic scoliosis[.]” (Id. at p. 48.) In her June 2, 2020 report, Dr. Halbrecht agreed with Dr. Schaffzin that “there is no evidence of cumulative trauma” for the right humeral epicondylitis and “no impairment of the cervical spine” given applicant’s “full range of motion of the cervical spine and no evidence of radiculopathy, muscle guarding, or spasm.” (Exhibit C, p. 7.) Based upon the foregoing and our review of the evidentiary record, we believe that the December 30, 2019 report of Dr. Schaffzin, and October 26, 2019 and June 2, 2020 reports of Dr. Halbrecht, constitute substantial medical evidence. Both PQMEs completed a full assessment of applicant, reviewed extensive medical records, took a detailed history, and provided evidence and reasoning in support of their conclusions. We therefore agree with the WCJ that there were no injuries AOE/COE on September 1, 2016, October 1, 2016, or during the period from January 1, 2003 through October 17, 2016 while applicant was employed by defendant. Accordingly, we affirm the JF&A.

Reports of Drs. Haronian and Kohan lack complete medical history review and sufficient causation analysis, undermining their credibility as substantial evidence.

From the decision · page 6Haronian dated October 8, 2020 “does not perform a full review of medical history of the [a]pplicant.” (JF&A and Opinion on Decision (OOD), p. 3.) Particularly lacking is a discussion regarding applicant’s extensive prior injuries, including the July 18, 2007 motor vehicle accident which involved several overlapping body parts and ultimately led to a right elbow surgery. We agree with the WCJ that despite being provided with copies of the reports of Drs. Schaffzin and Halbrecht, Dr. Haronian “does not indicate why he disagrees with the PQME findings.” (Ibid.) Ultimately, his reports fail to provide a complete history or enough evidence and reasoning to support his conclusions. We note also that there appears to be no review by Dr. Haronian of medical records predating 2017. Dr. Kohan, acting as a secondary physician in pain management, authored one medical report date July 26, 2017. His report similarly lacks a complete analysis of applicant’s medical history and medical records. Dr. Kohan also fails to address causation as to applicant’s claimed injuries to the cervical spine, right shoulder, left ankle, right and elbow.