What the panel ordered
Petition for Reconsideration denied, Findings of Fact upheld.
Defendant sought reconsideration of the Supplemental Findings of Fact issued by the WCJ on May 5, 2022, which found injury arising out of and in the course of employment to lumbar spine, right knee, and left shoulder.
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.
AOE/COEApplicant prevailedleft shoulder · right knee
The preponderance of evidence from Drs. Haronian, Drakshani, and Farsar supports injury to the left shoulder and right knee, despite defendant's arguments about prior injury and inconsistent testimony.
From the decision · page 3Drs. Haronian, Drakshani, and Farsar all agreed that the employee has sustained cumulative trauma to the left shoulder and right knee as well as the low back. (Report, p. 2.) The physicians received accurate histories and made identical findings of injury, need for care and disabilities. Hence the preponderance of evidence supports the finding of injury to the left shoulder and right knee. (Report, p. 3.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.