ADJ11078708 — California WCAB decision

What the panel ordered

The WCAB panel denied the defendant's petition for reconsideration, affirming the WCJ's findings and award.

Defendant sought reconsideration of the Amended Findings of Fact & Award issued by the WCJ on July 21, 2022, which was denied by the WCAB panel on October 3, 2022.

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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.

Temporary disabilityApplicant prevailedcervical spine · right shoulder · lumbar spine

The WCJ and WCAB found that the applicant was entitled to temporary disability indemnity for the period from December 5, 2017, through December 2, 2019, and that the defendant did not timely pay temporary disability or permanent disability indemnity benefits, warranting a 10% increase penalty under Labor Code section 4650.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Applicant did not reach maximum medical improvement until November 6, 2020, as declared by Dr. Mealer and confirmed by Dr. Georgis.

Favours Applicant prevailed

This fact established the period for which temporary disability indemnity was owed.

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.

QMERelied upon · orthopedic

Applicant was not permanent and stationary as of July 16, 2019, and was still recommended for active treatment. Applicant reached maximum medical improvement and permanent and stationary status as of November 6, 2020. All diagnostic testing and treatment to date were reasonable and necessary. All periods of temporary disability were reasonable.

The QME's opinions on compensability and temporary disability status were unrebutted and substantial evidence supporting the award of temporary disability indemnity and penalties.

From the decision · page 2BACKGROUND Applicant claimed injury to his cervical spine, right shoulder, and lumbar spine, while employed by defendant as a window/door installer/glazier during the period from May 25, 2017, through November 9, 2017. Applicant's primary treating physician (PTP) was William Mealer, M.D. (See App. Exhs. 1 § 18.) Applicant was evaluated by orthopedic qualified medical examiner (QME) Theodore Georgis, Jr., M.D., on July 16, 2019. Dr. Georgis examined applicant, took a history, and reviewed the medical record. The diagnoses were neck with radicular right arm pain, probable cervical spine sprain/strain with right cervical radiculitis, right shoulder sprain/strain, and low back and right radicular leg pain; probable chronic sprain/strain with right lumbar radiculitis. (Joint Exh. D, Theodore Georgis, Jr., M.D., July 16, 2019, p. 43.) Regarding applicant's disability status, Dr. Georgis stated:

PTPRelied upon

Placed applicant on temporary total disability towards the end of 2017 and declared applicant permanent and stationary on November 6, 2020.

The PTP's opinions on temporary total disability and permanent and stationary status were unrebutted and supported the award of temporary disability indemnity and penalties.

From the decision · page 2BACKGROUND Applicant claimed injury to his cervical spine, right shoulder, and lumbar spine, while employed by defendant as a window/door installer/glazier during the period from May 25, 2017, through November 9, 2017. Applicant's primary treating physician (PTP) was William Mealer, M.D. (See App. Exhs. 1 § 18.) Applicant was evaluated by orthopedic qualified medical examiner (QME) Theodore Georgis, Jr., M.D., on July 16, 2019. Dr. Georgis examined applicant, took a history, and reviewed the medical record. The diagnoses were neck with radicular right arm pain, probable cervical spine sprain/strain with right cervical radiculitis, right shoulder sprain/strain, and low back and right radicular leg pain; probable chronic sprain/strain with right lumbar radiculitis. (Joint Exh. D, Theodore Georgis, Jr., M.D., July 16, 2019, p. 43.) Regarding applicant's disability status, Dr. Georgis stated:

ADJ11078708 · October 3, 2022

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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What the panel did with the medical opinions

The rules the panel named

What proof carried it

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