Adequate medical history and examination supported doctor’s report, says the workers’ compensation tribunal
The workers’ compensation judge wrongly found that the applicant did not sustain an injury arising out of and in the course of his employment (AOE/COE) to his ankle, the Workers’ Compensation Appeals Board of California recently said.
The applicant in the case of Hall vs. DHL Express; AIU Insurance Company, administered by Sedgwick Claims Management Services was a delivery driver for the defendant, DHL Express. His duties included unloading large trucks from the airport, loading delivery trucks for their assigned routes, and delivering and picking up packages.
The applicant alleged that, while working on July 23, 2021, he jumped out of his delivery truck and felt something pop in his right ankle area. He continued working until the end of his shift.
His symptoms worsened. Two days later, he went to a hospital emergency room to report his injury. Upon being told that he needed to visit his own doctor, he went to Concentra then to Kaiser, where he saw Dr. Choung and Dr. Ledean.
Dr. David Guzman, the qualified medical evaluator, evaluated the applicant in December 2021 and in April 2022. The applicant explained that the initial medical reports stated that he was hurt playing basketball because he told the doctors that he was on his way to play basketball on the day that he visited the emergency room. The applicant clarified that he ended up not playing basketball on...
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