Ronard Minch vs. Countryside Greenway; State Compensation Insurance Fund

This case involves a worker's compensation claim by Ronard Minch for an injury he sustained while working for Countryside Greenway. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of the Findings and Award issued in the case, finding that the applicant was permanently and totally disabled as a result of the injury. The Board gave great weight to the opinion of the Agreed Medical Evaluator, who found the applicant to be totally disabled, and found that the opinion constituted substantial evidence in support of the WCJ's finding.

Countryside Greenway; State Compensation Insurance Fund Ronard Minch WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONARD MINCH, Applicant,vs.COUNTRYSIDE GREENWAY; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ573532 (VNO 0442438)ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award issued in this case on June 14, 2011, wherein a workers’ compensation administrative law judge (WCJ) found that applicant is permanently and totally disabled (100%) as a result of an injury arising out of and occurring in the course of his employment on January 4, 2002, to his back, neck, psyche, metabolic syndrome and/or fibromyalgia-like symptoms.            We have considered the allegations of the Petition for Reconsideration, the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ, and applicant’s answer to the Petition for Reconsideration. Based on our review of the record and for the reasons stated by the WCJ in his Report, which we expressly adopt and incorporate, we will deny defendant’s Petition for Reconsideration.            We concur with the WCJ’s observation that the orthopedic Agreed Medical Evaluator (AME) found applicant to be totally disabled based on the orthopedic injury and its sequelae. In this regard, the well-reasoned opinions of AME Roger Sohn, M.D., as set forth in his deposition testimony1 constitute substantial evidence in support of the WCJ’s finding that applicant is permanently and totally disabled. 1            Joint Exhibit X-7, Deposition Transcription of Roger Sohn, M.D., October 16, 2009, p. 20, lns. 3-24; p. 21, Ins. 1-2. ,             We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v, Workers’ Comp. Appeals Bd. (1970) 3 Cal.3d 312, 35 Cal.Comp.Cases 500).            For the foregoing reasons,            IT IS ORDERED that defendant’s Petition for Reconsideration of

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