MICHAEL FEENEY vs. CITY OF ANAHEIM FIRE DEPT., Permissibly Self-insured

In this case, Michael Feeney, a fire captain employed by the City of Anaheim, sought workers' compensation for an industrial injury to his upper extremities, resulting in bilateral carpal tunnel and bilateral canal of Guyon entrapments in both elbows, to his back/lumbar spine, and in addition, experienced industrially related hypertension, obesity and sleep apnea. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration and rescinded the WCJ's Findings, Award, and Order, returning the matter to the trial level for further development of the record. The Board found that the medical record was incomplete on the issue of causation of the upper extremities ailments and that none of the

CITY OF ANAHEIM FIRE DEPT., permissibly self-insured MICHAEL FEENEY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL FEENEY, Applicant,vs.CITY OF ANAHEIM FIRE DEPT., permissibly self-insured, Defendant.Case No. ADJ105804 (ANA 0388145)(OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings, Award, and Order served on March 14, 2012, in which the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a fire captain by the City of Anaheim, sustained industrial injury from September 1974 through March 31, 2005 “to his upper extremities, resulting in bilateral carpal tunnel and bilateral canal of Guyon entrapments in both elbows, to his back/lumbar spine, and in addition, experienced industrially related hypertension, obesity and sleep apnea.” The WCJ ordered the parties to obtain a supplemental medical report addressing whether applicant needs future medical treatment for his upper extremities, deferring a decision on permanent disability and apportionment until that report could be completed. The WCJ found that applicant was in need of future orthopedic and internal medical treatment, awarded such treatment, and found that applicant might be in need of future neurological treatment. The applicant’s attorney was found to be entitled to fees in an amount to be determined later.            Defendant contends that the WCJ’s finding of industrial causation of the injury to applicant’s upper extremities, specifically bilateral carpal tunnel and canal of Guyon entrapments, was not supported by substantial evidence. Defendant further contends that the reports and testimony of agreed medical evaluators Dr. Albert Simpkins, Jr. and Dr. Staley J. Majcher do not indicate industrial causation of those , me

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