Scott v. City of Los Angeles, 011222 CAWC, ADJ9671636

Docket NºADJ9671636
Case DateJanuary 12, 2022
CourtCalifornia
TERRI SCOTT, Applicant
v.
CITY OF LOS ANGELES, permissibly self-insured; administered by TRISTAR RISK MANAGEMENT, Defendants
No. ADJ9671636
California Workers Compensation Decisions
Workers’ Compensation Appeals Board State of California
January 12, 2022
         Van Nuys District Office          OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION           MARGUERITE SWEENEY, COMMISSIONER          We have considered the allegations of the Petition for Reconsideration, the contents of the Report and Opinion on Decision of the workers’ compensation administrative law judge (WCJ) with respect thereto.1 Based on our review of the record, and for the reasons stated in the WCJ’s Report and Opinion on Decision, which are both adopted and incorporated herein, and for the reasons stated below, we will deny reconsideration.          For the reasons stated in the WCJ’s Report and Opinion on Decision, we agree that the opinions of Roger Bertoldi, M.D., and Martin Ross, Ph.D., are substantial medical evidence upon which the WCJ properly relied. To be considered substantial evidence, a medical opinion “must be predicated on reasonable medical probability.” (E.L. Yeager Construction v. Workers’ Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922, 928 [71 Cal.Comp.Cases 1687]; McAllister v. Workmen’s Comp. Appeals Bd. (1968) 69 Cal.2d 408, 413, 416–17, 419 [33 Cal.Comp.Cases 660].) A physician’s report must also be framed in terms of reasonable medical probability, it must not be speculative, it must be based on pertinent facts and on an adequate examination and history, and it must set forth reasoning in support of its conclusions. (Yeager Construction v. Workers’ Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922, 928 [71 Cal.Comp.Cases 1687]; Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604, 612 (Appeals Board en banc), 70 Cal.Comp.Cases 1506 (writ den.).)          We further note that Dr. Bertoldi’s and Dr. Ross’ medical opinions are corroborated by the medical records of multiple other doctors: neurologist Vernon Williams, M.D., who diagnosed post-concussion syndrome, post-traumatic headache, and visual disturbances (applicant’s Exhibit 28, at p.1); Allen Huang, M.D., who diagnosed a traumatic brain injury due to motor vehicle accident, vestibular dysfunction, posttraumatic headaches and mood disorder and anxiety disorder related to traumatic brain injury (applicant’s Exhibit 29, at p. 2); neuro-ophthalmology David Sami, M.D., who diagnosed applicant with traumatic brain injury/post-concussion syndrome with associated impairments to visual function, including post-concussive visual field constriction and post-traumatic retrobulbar optic neuropathy (applicant’s Exhibit 21, at p. 10); Diembh Hoang, M.D., Physical Medicine & Rehabilitation specialist, who diagnosed post-concussion syndrome with impaired cognition, impaired vision, impaired balance, and depression due to head injury (applicant’s Exhibit 30, at p .4); and David Patterson, M.D., from Casa Colina Hospital, who found applicant 100% disabled due to post-concussion syndrome, post-traumatic vision and cognitive disorder due to traumatic brain injury. (Applicant’s Exhibit 32, at p. 2.)          For the foregoing reasons,          IT IS ORDERED that the Petition for Reconsideration is DENIED.          WORKERS’ COMPENSATION APPEALS BOARD           I CONCUR, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER          SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.          TERRI SCOTT ASVAR LAW LOS ANGELES CITY ATTORNEY’S OFFICE PAG/abs          REPORT AND RECOMMENDATION OF WORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE ON PETITION FOR RECONSIDERATION          INTRODUCTION:          On November 15, 2021, the Defendant filed a timely and verified petition for reconsideration dated November 15, 2021, alleging that the undersigned WCJ erred in his Findings of Fact, Award & Order dated October 22, 2021. The Defendant contends as follows:
1. That the undersigned WCJ failed to require further discovery pursuant to Labor Code § 4061(i) by ordering a regular physician in the specialty of neuropsychology;
2. That, in finding permanent total disability pursuant to Labor Code § 4662(a)(4), the undersigned WCJ failed to comply with Dept. of Corrections & Rehabilitation vs. Workers’ Comp. Appeals Bd. (Fitzpatrick) (2018) 83 Cal.Comp.Cases 1680 and failed to consider the expert opinion of Mery Kazaryan from the disability evaluation unit; and
3. That the medical reports relied upon by the undersigned WCJ to find permanent total disability consisting of Roger Bertoldi, M.D., a neurologist, and Martin Ross, M.D., a neuropsychologist, were not substantial medical evidence.
         STATEMENT OF FACTS:          The Applicant, while employed on July 10...

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