Case
Before the Board of Industrial Insurance Appeals - State of Washington
Docket No. 08-22585: Mary Stokes v. The Boeing Company
Industrial Appeals Judge: The Honorable Randall L. Hansen
Evidence Considered
- Ms. Stokes underwent a PCE with Susan Mack. As a result of testing, Ms. Mack concluded that Ms. Stokes had significant upper extremity restrictions, left greater than right, was not capable of working at even sedentary level, and was limited to working no more than two and one-half hours a day.
- Ms. Christina Casady, OTR/L, Capen & Associates, performed another PCE. Based on findings from the PCE, Ms. Casady concluded Ms. Stokes is capable of performing sedentary work, and that she is limited to working no more than six and one half hours per day.
- Dr. Theodore Becker performed a biomechanical analysis of the surveillance video. From his biomechanical analysis of the surveillance video Dr. Becker concluded that Ms. Stokes is able to walk within normal limits, and use both hands to reach overhead, and can perform tasks associated with work without dysfunction.
Decision by Judge Hansen
“I, too, am persuaded that the surveillance video analysis establishes that the conclusions reached from the FINDINGS OF THE TWO PCEs ARE NOT CREDIBLE. Ms. Stokes is clearly capable of standing for considerable periods of time, and walking considerable distances. She does not appear to have any difficulty moving her neck, trunk, or shoulders. Her arm strength does not appear to be limited. If Ms. Stokes is experiencing decreased arm strength, it is unclear how that is as a result of the industrial injury.”
“For the reasons stated relative to the issue of Ms. Stokes ability to work, she is not totally disabled under the industrial insurance laws of the State of Washington, and she is not entitled to a pension.” |
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Case
State of Colorado Office of Administrative Courts
Case WC4-474-989, Pauline Stench v Wild West Casino & Western Guaranty Fund
Judge: The Honorable Bruce C. Friend, ALJ
Decision by Judge Friend
Becker was admitted as an expert in the areas of human performance, biomechanics, physical capacity and disability evaluation. Dr. Becker credibly and persuasively stated that despite Claimant's self limiting behavior, Claimant does have the ability to perform work in a variety of work related tasks that have been associated with previous work applications and that Claimant has the tolerance for full time work. Claimant is not permanently and totally disabled. |
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| Case: COOPER V JEFFERSON HEALTH CARE |
| Case No. |
Jurisdiction |
Date |
| No. 11-2-00052-3 |
Superior Court of the State of Washington Jefferson County |
January 2012 |
| NOTE: |
Premise liability forensic biomechanical testimony. Plaintiff verdict. Plaintiff expert Dr. Becker, defense expert Dr. A. Tencer.
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| Case: KUSTURA V AMERICAN BUILDING MAINTENANCE |
| Case No. |
Jurisdiction |
Date |
| No. 10-14721 |
Board of Industrial Insurance Appeals State of Washington |
June 2011 |
| NOTE: |
Dr. Becker observed the claimant with normal body mechanics. Dr. Becker not only made specific findings of ability to work but documented the claimant's functioning with photographs. His findings and opinions are compelling". "I am of the opinion that Hasan Kustura has been capable of reasonably continuous gainful employment during the period in question and is not totally and permanently disabled". The Honorable David K. Crossland, Industrial Appeals Judge.
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| Case: TAPIA V CHELAN FRUIT |
| Case No. |
Jurisdiction |
Date |
| No. 10 15533 |
Board of Industrial Insurance Appeals State of Washington |
June 2011 |
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| Case: RODRIQUEZ V SKANSKA USA |
| Case No. |
Jurisdiction |
Date |
No. 10 21525 /
11 10327 |
Board of Industrial Insurance Appeals State of Washington |
June 2011 |
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| Case: DUNGY V. OCEAN PROWLER, LLC |
| Case No. |
Jurisdiction |
Date |
No.
09-2-30333-9-SEA |
Superior Court State of Washington - King County |
March 2011 |
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| Case: LEIGHTON V. DOREL JUVENILE GROUP, INC. & COSCO HOME AND OFFICE PRODUCTS |
| Case No. |
Jurisdiction |
Date |
| No. 3:09-cv-05798-BHS |
United States District Court Western District of Washington at Tacoma |
March 2011 |
| NOTE: |
Dr. Becker was mutually retained by both Plantiff and Defense
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| Case: THE STATE OF WASHINGTON V CHRISTOPHER A. KOKER |
| Case No. |
Jurisdiction |
Date |
| No. 09-1-03371-5 |
Superior Court State of Washington - Spokane County |
March 2011 |
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| Case: BLAUMAN V. KEN'S TRENCHING |
| Case No. |
Jurisdiction |
Date |
| No. 10-17694 |
Board of Industrial Insurance Appeals State of Washington |
February 2011 |
| NOTE: |
Forensic causation biomechanics regarding hip arthritis
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| Case: HAUGSTED V. HOFFMAN STRUCTURES |
| Case No. |
Jurisdiction |
Date |
| No. 10-15073 |
Board of Industrial Insurance Appeals State of Washington |
February 2011 |
| NOTE: |
Judge Patrick found that the videos were a reliable source because claimant was in his natural environment. The biomechanical function of the lumbar spine was full and within normal limits. Dr. Becker found the claimant could perform medium to heavy work on a continuous basis. The claimant was not entitled to benefits, compensation or pension
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| Case: WILLIAMS V. TREE TOP INC. |
| Case No. |
Jurisdiction |
Date |
| No. 09 - 21900 |
Board of Industrial Insurance Appeals State of Washington |
February 2011 |
| NOTE: |
Forensic Biomechanics Causation
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| Case: GLORIA BARSLUND V MOSES LAKE SCHOOL DISTRICT |
| Case No. |
Jurisdiction |
Date |
| No. 09 - 21900 |
Board of Industrial Insurance Appeals, State of Washington |
January 2011 |
| NOTE: |
The Judge found that Dr. Becker is extremely well qualified to conduct the type of testing he performed, both the PBPCE and the Applied Biomechanical Analysis of surveillance video, and it is arguably more objective overall than the testing conducted by the OTR/L who has a B.S. degree. The Judge also stated that it was troubling that Ms. Barslund so frequently, but selectively, represented limitations that are contradicted, to some degree, by the surveillance video. |
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| Case: DYER V. YAKIMA COUNTY |
| Case No. |
Jurisdiction |
Date |
| 10-11045 |
Board of Industrial Insurance Appeals State of Washington |
January 2011 |
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| Case: HAUGSTED V. HOFFMAN CORPORATION |
| Case No. |
Jurisdiction |
Date |
| 10-15073 |
Board of Industrial Insurance Appeals State of Washington |
December 2010 |
| NOTE: |
Forensic Biomechanics Causation
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| Case: JUAREZ - CASTILLO V. HOFFMAN CONSTRUCTION |
| Case No. | Jurisdiction | Date |
| No. 10-12149 | Board of Industrial Insurance Appeals State of Washington | October 2010 |
| NOTE: | Forensic causation biomechanical analysis distal upper extremity trauma |
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| Case: VERNON VASQUEZ v. S FUNES EQUIPMENT |
| Case No. |
Jurisdiction |
Date |
| No. 09-1-0237(1) |
State of Hawaii, Second Circuit |
September 2010 |
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| Case: BOWMAN V LES SCHWAB TIRES |
| Case No. | Jurisdiction | Date |
| No. 10-10699 | Board of Industrial Insurance Appeals State of Washington | September 2010 |
| NOTE: | Forensic biomechanical analysis |
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| Case: JACQUELYN FORD V. NORDSTROM |
| Case No. |
Jurisdiction |
Date |
| No. 10-10446 |
Board of Industrial Insurance Appeals, State of Washington |
July 2010 |
| NOTE: |
Forensic Biomechanics Causation
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| Case: DOYLE V. HOFFMAN CORPORATION |
| Case No. |
Jurisdiction |
Date |
| No. 09-19366 |
Board of Industrial Insurance Appeals State of Washington |
June 2010 |
| NOTE: |
Forensic Biomechanics Causation
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| Case: ARASATO V STATE OF HAWAII |
| Case No. | Jurisdiction | Date |
| No. CV 07-1-2107-11 RAN | State of Hawaii - First Judicial | June 2010 |
| NOTE: | Forensic causation biomechanical analysis |
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| Case: TIMOTHY MCBRIDE V. COSTCO |
| Case No. |
Jurisdiction |
Date |
| No. 09-14091 |
Board of Industrial Insurance Appeals, State of Washington |
March 2010 |
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| Case: KOVE V. LARRY R. SMITH CONSTRUCTION |
| Case No. |
Jurisdiction |
Date |
| No. 06-1-058K |
State of Hawaii, Third Circuit - Kona Division |
October 2009 |
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| Case: WAHEED AL-MALIKI V. SMURFIT |
| Case No. |
Jurisdiction |
Date |
| No. 09-12627 |
Board of Industrial Insurance Appeals, State of Washington |
October 2009 |
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| Case: SHEPLER V. TIETJE |
| Case No. |
Jurisdiction |
Date |
| 08-2-0405402 |
Superior Court State of Washington - King County |
September 2009 |
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| Case: ETTEL V. UNUM |
| Case No. |
Jurisdiction |
Date |
| No. C07-0906RSL |
United States District Court Western District of Washington at Seattle |
December 2008 |
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| Case: GEORGE A. BARTH v. EMMITT DE HART |
| Case No. |
Jurisdiction |
Date |
| No. 05-2-02243-6 |
Superior Court State of Washington - King County |
October 2008 |
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| Case: BROLLIER V MACY'S |
| Case No. |
Jurisdiction |
Date |
| No. 08-20195 |
Board of Industrial Insurance Appeals State of Washington |
March 2009 |
| NOTE: |
Forensic Biomechanics Causation
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| Case: TRESSLAR V. SEATTLE TIMES & DLI |
| Case No. |
Jurisdiction |
Date |
| No. 07-2-01705-4 KNT |
Superior Court State of Washington - King County |
March 2007 |
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| Case: SAMPSON V BOEING |
| Case No. |
Jurisdiction |
Date |
No.
06 11228 |
Board of Industrial Insurance Appeals State of Washington |
February 2007 |
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| Case: MOORE V. KING COUNTY |
| Case No. | Jurisdiction | Date |
| No. 05-2-05439-1 | Superior Court of the State of Washington Pierce County | December 2006 |
| NOTE: | |
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| Case: SHANTLEY V. KING COUNTY DEPARTMENT OF TRANSPORTATION/METROPOLITAN SERVICES |
| Case No. |
Jurisdiction |
Date |
| No. 05-2-02700-2 |
Superior Court of the State of Washington King County |
June 2006 |
| NOTE: |
Forensic Biomechanics Causation
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| Case: MARTURELLO V. NATIONAL RAILROAD |
| Case No. |
Jurisdiction |
Date |
| No. CV02-1080R |
United States District Court Western District of Washington at Seattle |
March 2006 |
| NOTE: |
Forensic motor skill biomechanical analysis
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| Case: PAUL WETTLESON V BEST PLUMBING |
| Case No. |
Jurisdiction |
Date |
| No. 05 11779 |
Board of Industrial Insurance Appeals State of Washington |
January 2006 |
| NOTE: |
Plaintiff PBPCE expert Christina Casady, OTR/L. Defense PBPCE expert Theodore Becker, PhD, RPT. Dr. Becker's testimony included critique of Ms. Casady's PBPCE. He said that the her data did not support the conclusions she reached. Dr. Becker stated, 'There's so many inconsistencies in her report that it renders itself unable to be utilized as a piece of foundation to figure out if a person could work or not. Decision by the Honorable Judge Hanson was that Mr. Wettleson was not either temporarily or permanently totally disabled. Mr. Wettleson was capable of obtaining and performing a form of gainful activity on a full time and reasonably continuous basis.
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| Case: JOSEPH V BOEING |
| Case No. | Jurisdiction | Date |
| No. 03-10346 | Board of Industrial Insurance Appeals State of Washington | January 2004 |
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| Case: BRIAN BOSWORTH & SEATTLE SEAHAWKS v. LLOYD’S OF LONDON |
| Case No. |
Jurisdiction |
Date |
| No. C91-1352 |
United State District Court Western District of Washington at Seattle |
February 2003 |
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| Case: PALMAR V EON LABS; A.H. ROBINS COMPANY |
| Case No. | Jurisdiction | Date |
| No. 00-2-15370-8SEA | Superior Court of the State of Washington King County | February 2003 |
| NOTE: | Forensic motor skill biomechanics closed head injury |
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| Case: DONALD AND KELLY TORGRAMSEN v. H.A. SIMONS, LTD AND COMINCO ALASKA, INC. |
| Case No. |
Jurisdiction |
Date |
| No. 2KB-97-55CIV |
Alaska Second Judicial District |
October 2000 |
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| Case: OSBORN V. YIM |
| Case No. | Jurisdiction | Date |
| No. 3AN-98-5842-Civ | Superior Court for the State of Alaska Third Judicial at Anchorage | November 2000 |
| NOTE: | Biomechanical causation motor vehicle accident. Dr. Becker plantiff expert, Dr. Tencer defense expert. The court ruled that the defendent's biomechanical expert was disqualified from testifying. Ruling of Judge Eric Sanders, 'After consideration of the parties' pleadings the court finds that the testimony of Mr. Tencer does not meet the requirements of reliability established by Daubert v. Merrill Dow Pharmaceuticals Inc., and therefore, It Is Ordered, that the testimony of Alan Tencer, Ph.D. shall be excluded from trial in this matter'. |
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| Case: EELBODE V. CHEC MEDICAL CENTERS |
| Case No. |
Jurisdiction |
Date |
| No. 97-2-07239-1 |
Superior Court State of Washington - Pierce County |
July 2000 |
| NOTE: |
Forensic testimony regarding FCE negligence
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| Case: BITTNER V. QUINN |
| Case No. | Jurisdiction | Date |
| No. 97-2-23626-6 KNT | Superior Court of the State of Washington King County | January 1999 |
| NOTE: | Forensic biomechanical causation motor vehicle accident |
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| Case: LEWIS V. TAYLOR |
| Case No. | Jurisdiction | Date |
| No. 98-2-07098-6 SEA | Superior Court of the State of Washington King County | October 1999 |
| NOTE: | Forensic causation biomechanics motor vehicle accident |
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| Case: QUACKENBUSH V. WHITTAKER |
| Case No. | Jurisdiction | Date |
| No. 97-2-16665-9SEA | Superior Court of the State of Washington King County | April 1999 |
| NOTE: | Forensic causation biomechanics motor vehicle accident |
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| Case: BERMAN V. RYDER SYSTEMS, INC. |
| Case No. |
Jurisdiction |
Date |
| No. C96-17882 |
United States District Court Western District of Washington at Seattle |
September 1998 |
| NOTE: |
Forensic motor skill biomechanical analysis
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| Case: MCALPIN V BOEING |
| Case No. | Jurisdiction | Date |
| No. 97-2-03116-8-SEA | Superior Court of the State of Washington King County | April 1998 |
| NOTE: | Forensic causation biomechanics motor vehicle accident |
| Case: MOORE V. THE SALLY J AND WESTERN PIONEER, INC. |
| Case No. |
Jurisdiction |
Date |
| No. C97-446Z |
United States District Court Western District of Washington at Seattle |
April 1998 |
| NOTE: |
Forensic causation biomechanics regarding cummulative overuse of the distal upper extremities.
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| Case: VAHN & SUE LINNABARY v. CITY OF SEATTLE |
| Case No. |
Jurisdiction |
Date |
| No. 96-2-14842-3 |
Superior Court State of Washington - King County |
December 1997 |
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| Case: DOMINQUEZ V. BUZEL |
| Case No. |
Jurisdiction |
Date |
| No. 93-01196 |
Broward County Florida, Circuit Court of the 17th Judicial Circuit |
1995 |
| NOTE: |
Forensic Analysis of Blankenship FCE Protocols / Plantiff prevailed against the Blakenship FCE provider
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