from original injury
published decision by
the Appellate court.
industrial injury on
March 13, 1996. The
shoulder. The applicant had
arthroscopic surgery in March
1997. The applicant returned to
work in November 1997. The
applicant noticed a gradual
increase in pain to his wrists,
hands, right shoulder, and right
forearm on return to work. The
applicant worked until he
resigned in March of 2001,
because of the pain.
(QME) and was declared
permanent and stationary. The
QME indicated that the applicant
started experiencing carpal tunnel
syndrome immediately
postoperative right shoulder
surgery.
shoulder, elbows, hands and
wrists. The issue of whether these
body parties were a compensable
consequence were presented to a
Workers' Compensation Judge
(WCJ). The WCJ indicated that
the QME had an inadequate
analysis and summary. The WCJ
ruled the only injury was to the
right shoulder. The Workers'
Compensation Appeals Board
(WCAB) denied the petition for
reconsideration filed by the
applicant and agreed with the
WCJ.
of allegation. The court stated
that the QME did not
conclusively opine that the wrist
injury was either a direct result of
the original injury or surgical
procedure to connect to the
original injury. Nothing in the
QME's report suggests a link
between the carpal tunnel and the
shoulder injury. They indicated
you need conclusive medical
opinion derived from medical
analysis to support this type of
opinion.
case.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 252-1300
Click here for printable version