Applicant sustained an injury to his neck, back, and bilateral arms on December 21, 2019, accepted by defendant.
Favours Applicant prevailed
This established the industrial injury basis for temporary disability benefits.
From the decision · page 5It appears that all of defendant's arguments are based on its underlying premise that until
applicant's cervical spine condition reaches MMI/permanent and stationary status, it cannot be
determined whether the condition is an aggravation or an exacerbation of applicant's prior cervical
spine injury. Review of the record indicates that in this matter (case number ADJ13407033), there
is no dispute that on December 21, 2019, applicant sustained an injury AOE/COE to his neck,
back, and bilateral arms. Defendant has accepted applicant's claim of injury to those body parts.
In case number ADJ7096606 the parties previously stipulated that in 2008 applicant sustained
injury to his neck and right shoulder.
QME Dr. Holmes diagnosed cervical, thoracic, and lumbar spine strain due to the December 21, 2019 injury and stated symptoms are due at least in part to the acute trauma.
Favours Applicant prevailed
Supported causation of injury and temporary total disability despite MMI not reached.
From the decision · page 5As noted above, QME Dr. Holmes diagnosed applicant as having a cervical, thoracic, and
lumbar spine strain. (App. Exh. 15, p. 6.) At his deposition, Dr. Holmes testified that applicant
sustained an injury to his cervical spine, thoracic spine, and lumbar spine on December 21, 2019.
(Def. Exh. O, p. 21.) He then stated that until applicant reached MMI, he would not be able to
determine whether the cervical spine injury was an exacerbation or an aggravation of the prior
injury. (Def. Exh. O, pp. 22 -23.) Also, PTP Dr. Stoller stated that applicant could not work because
of "the difficulties with movement of his neck, his upper back, and his lower back." (Def. Exh. P,
p. 2.) He later explained that the L4-L5 level disc herniation was "consistent with an acute event
and he developed the symptoms after this event on 12/21/19." (Def. Exh. P, p. 4.)
PTP Dr. Stoller stated applicant could not work due to pain and movement difficulties consistent with the December 21, 2019 injury.
Favours Applicant prevailed
Supported the finding of temporary total disability during the awarded period.
From the decision · page 5As noted above, QME Dr. Holmes diagnosed applicant as having a cervical, thoracic, and
lumbar spine strain. (App. Exh. 15, p. 6.) At his deposition, Dr. Holmes testified that applicant
sustained an injury to his cervical spine, thoracic spine, and lumbar spine on December 21, 2019.
(Def. Exh. O, p. 21.) He then stated that until applicant reached MMI, he would not be able to
determine whether the cervical spine injury was an exacerbation or an aggravation of the prior
injury. (Def. Exh. O, pp. 22 -23.) Also, PTP Dr. Stoller stated that applicant could not work because
of "the difficulties with movement of his neck, his upper back, and his lower back." (Def. Exh. P,
p. 2.) He later explained that the L4-L5 level disc herniation was "consistent with an acute event
and he developed the symptoms after this event on 12/21/19." (Def. Exh. P, p. 4.)