What the panel ordered
Reconsideration granted; WCJ's decisions rescinded and substituted with joint Findings, Award and Order; permanent disability and attorney fees deferred; supplemental medical reports ordered
Petition for Reconsideration granted; WCJ's Findings and Award and Order in ADJ12153570 and ADJ9256604 rescinded; new joint decision issued; permanent and stationary date deferred; record to be developed on apportionment
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.
The record is insufficient to determine apportionment; supplemental medical reports from Dr. John Dorsey and Dr. Alexander Latteri are ordered to address causation and apportionment percentages.
From the decision · page 3industrial injuries to his lumbar spine and bilateral knees. 5. The applicant is in need of future medical care to cure or relieve the effects of the
The applicant had compensable temporary disability and knew the disability was caused by employment on May 30, 2017, supported by medical opinion of Dr. John Dorsey.
From the decision · page 7The date of injury in cases of occupational diseases or cumulative injuries is the date upon which the employee first suffered disability therefrom and either knew or, in the exercise of reasonable diligence, should have known that such disability was caused by his present or prior employment. [Cal Lab Code § 5412]
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant had compensable temporary disability as of April 17, 2013.
Favours Applicant prevailed
Supports finding of date of injury under Labor Code Section 5412.
From the decision · page 7The records submitted in this matter show that the applicant received temporary total disability benefits for various periods starting April 17, 2013. The last period of temporary total disability benefits paid to the applicant was from May 2, 2017 and July 10, 2017. [Minutes of Hearing, Summary of Evidence, and Order of Consolidation, 2-8-2023, Page 4, Lines 1-4]
Medical opinion by Dr. John Dorsey dated May 30, 2017, established the applicant's injury was due to continuous trauma from employment.
Favours Applicant prevailed
Established the date of injury and causation for the applicant's claim.
From the decision · page 9The evidence submitted upon which knowledge of a continuous trauma injury can be inputted upon the applicant is the May 30, 2017 report of Dr. John Dorsey, M.D. that stated that the applicant had sustained an injury to his right knee and lumbar spine due to a continuous trauma arising out of and during his employment.[JOINT S: PQME Re-Evaluation Report, Dr. John Dorsey, dated 5-30-2017, Page 47]
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Provided medical opinion on date of injury and apportionment of lumbar spine and bilateral knees injuries.
Medical opinion established date of injury as May 30, 2017.
From the decision · page 9The evidence submitted upon which knowledge of a continuous trauma injury can be inputted upon the applicant is the May 30, 2017 report of Dr. John Dorsey, M.D. that stated that the applicant had sustained an injury to his right knee and lumbar spine due to a continuous trauma arising out of and during his employment.[JOINT S: PQME Re-Evaluation Report, Dr. John Dorsey, dated 5-30-2017, Page 47]
Requested to provide supplemental report addressing apportionment percentages for lumbar spine and bilateral knees injuries.
Ordered to provide supplemental report on apportionment.
From the decision · page 4The parties are to obtain a supplemental report from Dr. John Dorsey, M.D., and Alexander T. Latteri, M.D., addressing the issue of causation.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
California Labor Code Section 5412
The date of injury in cases of occupational diseases or cumulative injuries is the date upon which the employee first suffered disability therefrom and either knew or, in the exercise of reasonable diligence, should have known that such disability was caused by his present or prior employment.
Applied to determine the applicant's date of injury as May 30, 2017.
From the decision · page 7The date of injury in cases of occupational diseases or cumulative injuries is the date upon which the employee first suffered disability therefrom and either knew or, in the exercise of reasonable diligence, should have known that such disability was caused by his present or prior employment. [Cal Lab Code § 5412]
What proof carried it
The evidence the panel weighed, by kind.
Applicant received temporary total disability benefits starting April 17, 2013, supporting compensable disability.
From the decision · page 7The records submitted in this matter show that the applicant received temporary total disability benefits for various periods starting April 17, 2013. The last period of temporary total disability benefits paid to the applicant was from May 2, 2017 and July 10, 2017. [Minutes of Hearing, Summary of Evidence, and Order of Consolidation, 2-8-2023, Page 4, Lines 1-4]
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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