RICH PRODUCTS CORPORATION; ZURICH NORTH AMERICA, ALICIA JIMENEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICIA JIMENEZ, Applicant,vs.RICH PRODUCTS CORPORATION; ZURICH NORTH AMERICA, Defendant(s).Case No. ADJ1838764 (LAO 0794371)OPINION AND DECISION AFTER RECONSIDERATION; ORDER ADMITTING INTO EVIDENCE REPORT OF ROBERT ADLER, DMD. Lien claimant, Dental Trauma Center (DTC), seeks reconsideration of the October 28, 2008 decision of the workers’ compensation administrative law judge (WCJ), who found that the defendant had no liability to the lien claimant for medical treatment of applicant’s TMJ condition – based on the October 10, 2005 medical report of Robert Adler, DMD (Defendant’s Exhibit #A). Dr. Adler found no causal relationship between the industrial injury and the TMJ injury claimed. On December 23, 2008, we granted reconsideration and issued a notice of intention to admit into evidence the October 10, 2005 report of Dr. Adler and submit the matter for a decision, unless within ten days after service of the notice, written objection and demonstration of good cause to the contrary was filed and served at the Appeals Board. The Appeals Board has not received any response to the notice of intention. Therefore, Dr. Adler’s report is admitted into evidence and this matter is deemed submitted for decision after reconsideration as follows. DTC asserts that the WCJ erroneously relied on the medical report of Dr. Adler to find that applicant’s TMJ was not industrially compensable. We disagree. We affirm the WCJ’s decision. It is well established that the Workers’ Compensation Appeals Board is empowered to choose among conflicting medical reports and rely on that which it deems most persuasive. , (Painter v. Workers’ Comp. Appeals Bd. (1985) 166 Cal.App.3d 264, 269 [50 Cal.Comp.Cases b 224, 228.) The relevant and considered opinion of one physician, though inconsistent with other medical opinions, generally c
Alicia Jimenez, vs. Rich Products Corporation; zurich North America,
In this case, the Workers' Compensation Appeals Board affirmed the decision of the workers' compensation administrative law judge that the defendant had no liability to the lien claimant for medical treatment of the applicant's TMJ condition. The Board admitted into evidence the October 10, 2005 report of Robert Adler, DMD, which found no causal relationship between the industrial injury and the TMJ injury claimed. The Board concluded that Dr. Adler's opinion on causation constituted substantial evidence in support of the WCJ's decision, despite the opposing opinion of another doctor.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ1838764
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