MITCHELL BERMAN CABINET MAKER and STATE COMPENSATION INSURANCE FUND, JOSEPH CRABTREE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSEPH CRABTREE, Applicant,vs.MITCHELL BERMAN CABINET MAKERand STATE COMPENSATION INSURANCE FUND, Defendants,Case No. ADJ3744023 (SAL 0118752)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the March 5, 2009 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, while employed on December 15. 2005 as a cabinet maker, sustained an industrial injury to his abdomen! groin (hernia) resulting in a peripheral nerve injury. The WCJ also found that applicant’s industrial injury caused 24% permanent disability. Defendant contends that the WCJ erred in finding disability due to applicant’s peripheral nerve injury, arguing that applicant’s injury is limited to a hernia. In the alternative, defendant contends that the WCJ erred in finding 24% permanent disability, arguing that it is not based on substantial medical evidence because the agreed medical evaluator (AME) did not correctly apply the American Medical Association Guides to the Evaluation of Permanent Impairment, 5th Edition (AMA Guides). We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. For the reasons discussed by the WCJ in his report, which we adopt and incorporate by reference, and for the reasons discussed below, we will deny reconsideration. , We will briefly review the relevant medical evidence. The parties utilized Paul Anderson as the AME. Applicant was examined by Dr. Anderson on August 1, 2008 and the doctor issued his initial report dated September 20, 2008. In the September 20. 2008 report, Dr. Anderson stated:
Joseph Crabtree, vs. Mitchell Berman Cabinet Maker And State Compensation Insurance Fund,
is a case in which the defendant, Mitchell Berman Cabinet Maker, sought reconsideration of the March 5, 2009 Findings and Award, which found that the applicant, Joseph Crabtree, sustained an industrial injury to his abdomen/groin (hernia) resulting in a peripheral nerve injury and caused 24% permanent disability. The defendant argued that the WCJ erred in finding disability due to the peripheral nerve injury and that the WCJ erred in finding 24% permanent disability. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the medical evidence supported the WCJ's finding that the applicant sustained an injury to his peripheral nerve and that the AME's diagnosis of a peripheral nerve injury justified the use of Table 13-23
- Filed On:
- Court: California, Salinas
- Case No. ADJ3744023
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