Radiator USA v. WCAB CA2/8
Opinion
Opinion
Rubin, J.
FACTS
A. The Employee’s Injury
The employee, Am Kang (Kang), sustained an admitted injury to his back on December 24, 2010 while working as a driver for Radiator USA. Kang additionally claimed to have sustained injury to his psyche in the form of a sleep disorder.
B. The Medical Reports
On February 28, 2012, the agreed medical evaluator (AME) in orthopedics, David B. Pechman, M.D., noted compression fractures in Kang’s vertebrae that appeared old. Dr. Pechman thought that most of Kang’s pain related to the compression fractures. Dr. Pechman opined Kang was permanent and stationary from an orthopedic standpoint on the date of his examination. However, he requested an EMG and nerve conduction study to determine how many of the fractures were radicular and a bone scan to evaluate the cause of Kang’s collapsing bones. Dr. Pechman apportioned 50 percent of the orthopedic injury to nonindustrial preexisting metabolic bone disease.
The Petitioners are Radiator USA, the employer; Start Insurance Company, the insurer; and Illinois Midwest Insurance Company, the adjuster. For ease of reference, we will refer to petitioners as Radiator USA.
2 On July 2, 2012, Rodney…