What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed by defendant and denied by the Appeals Board
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 court found injury based on medical evidence from QME Dr. Kaveeshvar and treating physician Dr. Dorian, despite some inconsistencies in applicant's testimony and credibility concerns raised by the QME.
From the decision · page 5Defendant petitions for reconsideration of the court's finding of AOE/COE based on the QME and treating doctors' findings of industrial injury on a cumulative trauma basis from applicant's work as a tailor for nearly 20 years due to alleged applicant's credibility issues. Defendant petitions for reconsideration that the statute of limitations did not bar the 2021 claim based on defendant's contention of an earlier date of injury in 2016 in spite of the doctor not finding the complaints to be industrial at that time.
The court found the legal date of injury to be February 24, 2021, based on medical opinion, and held the claim was timely filed within one year of that date.
From the decision · page 9Therefore, it was not until February 24, 2021, that applicant obtained the actual knowledge that his complaints were industrially related as Dr. Dorian took note of the applicant's history as a sewing machine operator m1d found that that applicant's complaints were due to his job duties. In addition, there was compensable disability as Dr. Dorian declared the applicant totally temporarily disabled at that time. (App. Ex. 4, Dr. Dorian Report 2.24.21 report, PDF pg. 7, Work Status Section) Therefore, the concurrence of knowledge and disability happened on February 24, 2021.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Medical opinions from Dr. Dorian and Dr. Kaveeshvar found cumulative trauma injury caused by applicant's job duties.
Favours Applicant prevailed
These opinions established causation and supported the finding of injury despite applicant's inconsistent testimony.
From the decision · page 7Here, the medical reports by both the Qualified Medical Evaluator Hirsh Kaveeshvar (in multiple reports) and the treating physician Saro Dorian found that applicant's job duties as a tailor which consisted of operating a sewing machine to produce 2000 to 1500 pieces of jeans per day from the beginning of applicant's employment in 1999 to the end of applicant's employment in 2020 respectively, with Koos Manufacturing (and its predecessor) resulted in a cumulative trauma orthopedic injury. (App. Ex. 4 Dr. Dorian 3/8/21 report for date of exam 2/24/21, causation paragraph; Jt. Ex 1, Dr. Kaveeshvar report dated 8/31/21 pg. 38-39 Causation of Injury; Jt. Ex.1 Dr. Kaveeshvar report 2/7 /22 report pg. 8, last paragraph; Jt. Ex. 1, Dr. Kaveeshvar report dated 2/23/22, pg. 8 Causation paragraph; Jt. Ex. 1, Dr. Kaveeshvar report 6/5/23, pg. 26 Causation of Injury paragraph) Also, Dr. Kaveeshvar noted abnormal objective findings in the nerve conduction studies of the upper extremities. (Jt. Ex. 1, Dr. Kaveeshvar 8/31/21 report at pg. 11, Upper extremity EMO; NCS 3/25/21; pg. 37 Test Results Upper Extremity) and cervical and lumbar MRIs (Dr. Kaveeshvar 6/5/23 report pg. 11, MRI of Cervical Spine and pg. 12 MRI Lumbar Spine (taken from Dr. Dorian's final report) Therefore, applicant met the burden of proof in proving industrial injury.
Applicant did not have actual knowledge of industrial injury until February 24, 2021, when Dr. Dorian provided medical opinion confirming injury.
Favours Applicant prevailed
This established the legal date of injury and supported timeliness of claim under statute of limitations.
From the decision · page 9Therefore, it was not until February 24, 2021, that applicant obtained the actual knowledge that his complaints were industrially related as Dr. Dorian took note of the applicant's history as a sewing machine operator m1d found that that applicant's complaints were due to his job duties. In addition, there was compensable disability as Dr. Dorian declared the applicant totally temporarily disabled at that time. (App. Ex. 4, Dr. Dorian Report 2.24.21 report, PDF pg. 7, Work Status Section) Therefore, the concurrence of knowledge and disability happened on February 24, 2021.
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.
Found industrial injury and declared applicant totally temporarily disabled on 2/24/21; supported cumulative trauma injury causation from job duties.
Medical opinion supported causation and injury finding despite applicant's credibility issues.
From the decision · page 55, causation paragraph) The clinic discharged the applicant from care on October 4, 2017. (App. Ex 5, US Healthworks 10/4/17 report at) Applicant continued working full duties until the plant laid the applicant off due to the COVID-19 pandemic effective May 29, 2020, according to the layoff notice that issued on May 13, 2020. (Def. Ex. E) Applicant obtained an attorney and saw Dr. Dorian on Februmy 24, 2021, who found industrial injury and declared the applicant totally temporarily disabled (App. Ex. 4 Dr. Dorian 3/8/21 report for date of Exam 2/24/21 PDF pgs. 7-8 Causation paragraph) QME Dr. Kaveeshvm also opined that the
Opined cumulative trauma injury caused by job duties; noted abnormal objective findings in nerve conduction studies and MRIs; questioned applicant's credibility but still found injury.
Medical opinion based on objective findings supported injury despite credibility concerns.
From the decision · page 6applicant's job duties as a tailor had caused cumulative trauma injury in four separate reports. (Jt. Ex I, Dr. Kaveeshvar report dated 8/31/21 pg. 38-39 Causation of Injury; Jt. Ex. I Dr. Kaveeshvar report 2/7/22 report pg. 8, last paragraph; Jt. Ex. I, 2/23/22 pg. 8 Causation paragraph; Jt. Ex. I, Dr. Kaveeshvar report 6/5/23, pg. 26 Causation of Injury paragraph) Parties went to trial on the limited issue of A OE/COE. The court found injury. Defendant filed a Petition for Reconsideration.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Maher v. WCAB (1983) 48 Cal. Comp. Cases 326
For cumulative trauma injury, medical opinion is required to establish causation; lay testimony alone is insufficient.
Court relied on medical opinions of QME and treating physician to establish causation.
From the decision · page 7Here, the medical reports by both the Qualified Medical Evaluator Hirsh Kaveeshvar (in multiple reports) and the treating physician Saro Dorian found that applicant's job duties as a tailor which consisted of operating a sewing machine to produce 2000 to 1500 pieces of jeans per day from the beginning of applicant's employment in 1999 to the end of applicant's employment in 2020 respectively, with Koos Manufacturing (and its predecessor) resulted in a cumulative trauma orthopedic injury. (App. Ex. 4 Dr. Dorian 3/8/21 report for date of exam 2/24/21, causation paragraph; Jt. Ex 1, Dr. Kaveeshvar report dated 8/31/21 pg. 38-39 Causation of Injury; Jt. Ex.1 Dr. Kaveeshvar report 2/7 /22 report pg. 8, last paragraph; Jt. Ex. 1, Dr. Kaveeshvar report dated 2/23/22, pg. 8 Causation paragraph; Jt. Ex. 1, Dr. Kaveeshvar report 6/5/23, pg. 26 Causation of Injury paragraph) Also, Dr. Kaveeshvar noted abnormal objective findings in the nerve conduction studies of the upper extremities. (Jt. Ex. 1, Dr. Kaveeshvar 8/31/21 report at pg. 11, Upper extremity EMO; NCS 3/25/21; pg. 37 Test Results Upper Extremity) and cervical and lumbar MRIs (Dr. Kaveeshvar 6/5/23 report pg. 11, MRI of Cervical Spine and pg. 12 MRI Lumbar Spine (taken from Dr. Dorian's final report) Therefore, applicant met the burden of proof in proving industrial injury.
Labor Code Section 5412
Date of injury for cumulative trauma is when employee obtains medical knowledge of industrial causation.
Court found date of injury as February 24, 2021, when medical opinion confirmed industrial injury.
From the decision · page 9Therefore, it was not until February 24, 2021, that applicant obtained the actual knowledge that his complaints were industrially related as Dr. Dorian took note of the applicant's history as a sewing machine operator m1d found that that applicant's complaints were due to his job duties. In addition, there was compensable disability as Dr. Dorian declared the applicant totally temporarily disabled at that time. (App. Ex. 4, Dr. Dorian Report 2.24.21 report, PDF pg. 7, Work Status Section) Therefore, the concurrence of knowledge and disability happened on February 24, 2021.
What proof carried it
The evidence the panel weighed, by kind.
Applicant's inconsistencies in testimony were not outcome determinative; court focused on medical evidence and found inconsistencies due to passage of time and lack of sophistication in memory.
From the decision · page 8Defendant's contention that applicant's testimony did not support AOE/COE is misplaced. The court gave due weight to the applicant's testimony as applicable considering what is reasonable for a person to recall especially when testifying to events that happened some seven to eight years ago. However, the inconsistencies were not outcome determinative as the court focused on the medical evidence. If lay testimony alone is not sufficient to support a cumulative trauma injury than conversely, contradictory testimony alone is not enough to negate it.
Objective findings in nerve conduction studies and MRIs supported injury causation.
From the decision · page 7Here, the medical reports by both the Qualified Medical Evaluator Hirsh Kaveeshvar (in multiple reports) and the treating physician Saro Dorian found that applicant's job duties as a tailor which consisted of operating a sewing machine to produce 2000 to 1500 pieces of jeans per day from the beginning of applicant's employment in 1999 to the end of applicant's employment in 2020 respectively, with Koos Manufacturing (and its predecessor) resulted in a cumulative trauma orthopedic injury. (App. Ex. 4 Dr. Dorian 3/8/21 report for date of exam 2/24/21, causation paragraph; Jt. Ex 1, Dr. Kaveeshvar report dated 8/31/21 pg. 38-39 Causation of Injury; Jt. Ex.1 Dr. Kaveeshvar report 2/7 /22 report pg. 8, last paragraph; Jt. Ex. 1, Dr. Kaveeshvar report dated 2/23/22, pg. 8 Causation paragraph; Jt. Ex. 1, Dr. Kaveeshvar report 6/5/23, pg. 26 Causation of Injury paragraph) Also, Dr. Kaveeshvar noted abnormal objective findings in the nerve conduction studies of the upper extremities. (Jt. Ex. 1, Dr. Kaveeshvar 8/31/21 report at pg. 11, Upper extremity EMO; NCS 3/25/21; pg. 37 Test Results Upper Extremity) and cervical and lumbar MRIs (Dr. Kaveeshvar 6/5/23 report pg. 11, MRI of Cervical Spine and pg. 12 MRI Lumbar Spine (taken from Dr. Dorian's final report) Therefore, applicant met the burden of proof in proving industrial injury.
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