ADJ8119670 · August 6, 2024

The WCJ found injury AOE/COE based on substantial medical evidence from AME Dr. Brourman and treating physician Dr. Scott, and the WCAB affirmed this finding after reconsideration, rejecting challenges to the admissibility and sufficiency of the medical evidence and the statute of limitations defense.

From the decision · page 6On February 7, 2020 the WCJ issued four separate decisions. In ADJ8119670, the WCJ found that applicant sustained injury AOE/COE while employed by Collins to the neck, back, bilateral upper extremities (shoulders and wrists), pulmonary system (lungs and respiratory system) and gastrointestinal system, but not to the right hip, right leg or internal system (other than gastrointestinal system), ears, nose, or throat. (February 6, 2020 F&A, Findings of Fact, Nos. 7 and 8.) The WCJ awarded temporary and permanent disability, awarded attorney fees, and found a need for further medical care. In the Opinion on Decision, the WCJ explained that the findings of injury, temporary and permanent disability, and apportionment were based on the findings of AME Dr. Brourman and Dr. Scott. (February 6, 2020 F&A, Opinion on Decision, pp. 2-3.)

The WCJ found injury AOE/COE to the neck, back, bilateral upper extremities, pulmonary system, and gastrointestinal system based on substantial medical evidence from AME Dr. Brourman and treating physician Dr. Scott.

Favours Applicant prevailed

This finding was the basis for awarding temporary and permanent disability and future medical care, and was affirmed by the WCAB after reconsideration.

From the decision · page 6On February 7, 2020 the WCJ issued four separate decisions. In ADJ8119670, the WCJ found that applicant sustained injury AOE/COE while employed by Collins to the neck, back, bilateral upper extremities (shoulders and wrists), pulmonary system (lungs and respiratory system) and gastrointestinal system, but not to the right hip, right leg or internal system (other than gastrointestinal system), ears, nose, or throat. (February 6, 2020 F&A, Findings of Fact, Nos. 7 and 8.) The WCJ awarded temporary and permanent disability, awarded attorney fees, and found a need for further medical care. In the Opinion on Decision, the WCJ explained that the findings of injury, temporary and permanent disability, and apportionment were based on the findings of AME Dr. Brourman and Dr. Scott. (February 6, 2020 F&A, Opinion on Decision, pp. 2-3.)

Travelers failed to timely raise the statute of limitations defense, resulting in waiver of that defense.

Favours Applicant prevailed

This procedural failure allowed the WCJ and WCAB to consider the medical evidence without bar from the statute of limitations.

From the decision · page 7The WCJ's report observes that Travelers undertook the deposition of AME Dr. Brourman and requested and received supplemental reporting from the AME. (Report, at p. 11.) The WCJ further states that the issue of whether compensation is barred by the statute of limitations was waived when it was not timely raised. (Id. at p. 12.)

Applicant's injury arose out of her employment with Collins Technologies, not Aerotek, with 30% of conditions from the 2005 injury and 70% from cumulative trauma between 2004 and 2007.

The WCJ relied on Dr. Brourman's well-reasoned and persuasive medical-legal opinions as substantial evidence for injury causation and extent.

From the decision · page 4On January 29, 2013, AME Dr. Brourman again reviewed extensive records as well as applicant's job duties for both Collins and L3 Communications. (Ex. D, report of AME Steven Brourman, M.D., dated January 29, 2013, p. 22.) Dr. Brourman acknowledged applicant's prior workers' compensation claim, as well as her history of multiple surgeries. Dr. Brourman concluded that 30% of applicant's low back, lower extremity, and upper extremity conditions arose out of the 2005 injury sustained at Collins. The AME opined that the remaining 70% of the low back, lower extremity, and upper extremity conditions were attributable to the claimed cumulative trauma between March 1, 2004 and May 15, 2007. Applicant's employment with Aerotek and L3 Communications was felt to be noncontributory. (Id. at p. 24.)

Diagnosed fibromyalgia and glue fume exposure; diagnosed tracheal stenosis and airway inhalation injury secondary to toxic fume exposure; provided permanent disability ratings without apportionment to nonindustrial factors.

The WCJ relied on Dr. Scott's treating physician reports as substantial medical evidence supporting injury and disability findings.

From the decision · page 3On August 14, 2012, applicant self-procured medical treatment with internist Cranford L. Scott, M.D. Dr. Scott reviewed applicant's job duties at both Collins and Aerotek, diagnosed fibromyalgia and glue fume exposure, and prescribed medication. (Ex. 21, report of Cranford Scott, M.D., various dates, p. 43.)

California Code of Regulations

Cal. Code Regs., tit. 8, 10396(a)

Allows consolidation of related cases involving the same injured employee and deems all relevant documentary evidence previously received in an individual case admitted in the consolidated proceedings.

From the decision · page 8consolidation of two or more related cases involving the same injured employee or multiple injured employees. (Cal. Code Regs., tit. 8, § 10396(a).) Subsection (e) provides that, "[a]ll relevant documentary evidence previously received in an individual case shall be deemed admitted in evidence in the consolidated proceedings and shall be deemed part of the record of each of the several consolidated cases." Dr. Brourman was the validly selected AME in two of the consolidated cases, and pursuant to Rule 10396, the reporting became a part of the record in all of the consolidated cases.

Labor Code

Labor Code section 4064(d)

All comprehensive medical evaluations obtained by any party shall be admissible in any proceeding before the appeals board except as provided in other sections.

Applicant's testimony about her job duties and exposure to fumes from glue and welding at Collins Technologies.

From the decision · page 2In 1998, applicant was hired by staffing agency Aerotek, who placed her with various companies as an assembler and welder. (Ex. F, Report of AME Stephen Brourman, M.D., dated May 21, 2012, at p. 2.) In March, 2004, Aerotek placed applicant with Collins Technologies also known as Curtiss-Wright Corporation (Collins), as an assembler and welder. Applicant worked at Collins for approximately four months before being hired directly by Collins as an employee on September 11, 2004. (Petition, at 2:16; Minutes of Hearing and Summary of Evidence (Minutes), dated July 6, 2017 at 8:18.) Applicant's job at Collins involved welding, soldering and gluing layers of material together. (Minutes, at 8:22.) Applicant testified that she was exposed to fumes from the glue and the welding. (Id. at 9:1.)

The WCJ's finding that the statute of limitations defense was waived due to failure to timely raise the issue by Travelers.

From the decision · page 7The WCJ's report observes that Travelers undertook the deposition of AME Dr. Brourman and requested and received supplemental reporting from the AME. (Report, at p. 11.) The WCJ further states that the issue of whether compensation is barred by the statute of limitations was waived when it was not timely raised. (Id. at p. 12.)