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Select Personnel Services v. Workers' Compensation Appeals Board11/30/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
An agreed medical examiner reports that an employee's injuries arise out of his employment. Later the medical examiner receives additional employee medical records and concludes the employee's injuries are not related to his employment. On the facts presented here, we conclude the medical examiner's first report is not substantial evidence to support a finding of industrial injury. We annul the order and remand.
FACTS
Gonzalo Gonzalez filed a claim on October 9, 2001, alleging industrial injury to his shoulders, arms and hands. In August 2002, he amended the claim to include his neck and back. Gonzalez did not miss any work because of the injuries, and he continued working at his customary employment until he was terminated in July 2002.
The parties selected Dr. Alan Sanders as agreed medical examiner. Dr. Sanders examined Gonzalez on March 7, 2003. At that time, Gonzalez reported he had constant pain in his neck and shoulders that was aggravated by twisting, turning, lifting and carrying. He also complained of pain in his low back when bending, stooping and lifting.
Dr. Sanders reported that his examination of Gonzalez' neck and shoulders revealed no objective symptoms, and X-rays showed " inimal degenerative changes" in the cervical spine. Dr. Sanders also noted: "The patient . . . described a job where he was working at waist level sealing things and doing repetitive activities with his hands. There was no real stress to his neck or shoulders."
Under "subjective factors of disability," the report states: "With regard to the patient's neck, I believe he has reasonable complaints to include frequent minimal to slight neck pain expected to become slight to moderate with activities of very heavy work. [ ] With regard to the patient's shoulders, I do not believe he has any reasonable aches or pains or ratable disability to his shoulders."
Under "medical causation," the report states: "Medical causation appears reasonable and appropriate, noting the patient's history, mechanism of injury and findings."
Dr. Sanders noted that although Gonzalez first sought treatment in October 2001, medical records provided for his review dated from August 2002.
Subsequently, Dr. Sanders was provided with the additional medical records. He issued a supplemental report on May 7, 2003, after reviewing all the medical reports relating to Gonzalez' injuries. In this report, Dr. Sanders states: "When I saw the patient, it was noted that he apparently sought treatment in October, 2001. The records that I first reviewed began in August, 2002. The medical records now reviewed indicate that in October, 2001, he did go to the doctor, and he was complaining of symptoms regarding his hands. [ ] The patient was having pain in both hands, and was diagnosed as having an overuse syndrome or carpal tunnel syndrome. He was followed up for a short period of time, and then released without any further complaints or symptoms. There is no evidence of any complaints or symptoms to his neck, shoulders or any other parts of the body. [ ] . . . [ ] . . . The medical records now seem to indicate that he did not really sustain an injury to his neck or upper back as a result of this work exposure. [ ] . . . I believe . . . that disability regarding his neck and upper back did not arise from this empl
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