WCPanelIQ
PanelQMEMed-legalRemanded

Gonzalez, Gonzalo

GONZALO GONZALEZ, Applicant vs. RED LOBSTER MANAGEMENT LLC; ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ11202213
Decision date
May 8, 2025
District office
San Bernardino
WCJ
—
Claim administrator
Zurich North America
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: circulatory system (stroke), bilateral upper extremities, left shoulder, left hand

LC §5952

Summary

Applicant Gonzalo Gonzalez, a prep cook, alleged a specific injury to the circulatory system (stroke) on March 14, 2017, and a cumulative trauma to the bilateral upper extremities. The WCJ found no AOE/COE injury in either case and ordered applicant to take nothing, relying on the opinions of internal medicine AME Dr. Lipper and orthopedic AME Dr. Wood. On reconsideration, the Board found that neither AME's causation opinion constituted substantial medical evidence because they failed to explain how and why applicant's undisputed work-related stress and repetitive use played no role in the alleged injuries. The Board rescinded the Joint Findings and Order and returned the matter to the trial level for development of the record, including supplemental opinions from both AMEs followed by cross-examination if requested.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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