On August 29, 2023, San Francisco DGC associate Adam Gati obtained a take nothing at the Oakland WCAB in spite of a PQME report finding industrial injury in a specific injury case.
The applicant in this case alleged a cumulative trauma to the shoulder from February 21, 2021 – February 21, 2022, and a specific injury occurring on February 22, 2022 to the neck and bilateral shoulders due to a gate falling on him. After settlement discussions failed, the case was set for trial. Eventually, the applicant and his attorney parted ways and the applicant proceeded to trial in pro per.
Mr. Gati was able to get the cumulative trauma dismissed on the day of trial due to a lack of evidence. The applicant did not appeal the cumulative trauma dismissal in a timely fashion and this decision is final.
Regarding the specific injury, Mr. Gati was able to put forward credible witness testimony at trial that the applicant’s version of events was not correct and that a gate did not fall on him as he claimed. The WCJ found that even though the PQME found the injury industrial, the PQME’s conclusions relied on the history of injury as provided by the applicant. Because the WCJ did not believe that the injury occurred as claimed, the applicant did not carry the burden of proof on compensability and did not sustain injury AOE/COE at the insured.
You may read a redacted version of the Findings and Order and Opinion on Decision below.
Findings and Order and Opinion on Decision: Click here.
Company Name: Dietz, Gilmor & Chazen, APC
Full Name: David Jankosky, DGC Client Services (213-278-1513)
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