The applicant in this case alleged a cumulative trauma to her upper extremity from May 18, 2020 to May 18, 2021 from working at a deli in Sunnyvale, California.  Through discovery including subpoenas and a deposition, Mr. Freeman was able to establish that the applicant had medical problems for the claimed body part which pre-existed the policy in the case and was actually on state disability for a non-industrial surgery to the claimed body system prior to the policy going into effect.

Mr. Freeman was able to control the specialty of the panel and obtained a PQME report indicating that the applicant did not have an industrial injury.  The PQME maintained this position after a supplemental report.  The PQME’s opinion was that the applicant’s upper extremity problems were related to her pre-existing non-industrial surgery and recovery therefrom.

Applicant attorney obtained a competing chiropractic medical legal report from a PTP which indicated that the applicant had cumulative trauma.  After settlement discussions were not successful, the case proceeded to two days of trial.  After hearing testimony and reviewing defendant’s trial brief, the WCJ issued a decision following the PQME’s report and finding that the applicant did not sustain an injury arising out of and arising in the course of employment to the upper extremity.  Applicant attorney did not file a petition for reconsideration and the applicant will take nothing on the claim.

You can read a redacted version of the Findings and Order and Opinion on Decision below.

Findings and Order and Opinion on Decision:  Click here.

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