WCPanelIQ
PanelQMEMed-legalGranted in Part

Miramontes, Ivan

IVAN MIRAMONTES, Applicant vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY, permissibly self-insured and self-administered, Defendant

ADJ number
ADJ9549789
Decision date
May 4, 2025
District office
San Bernardino
WCJ
Brandon Powell
Claim administrator
Los Angeles Metropolitan Transit Authority (permissibly self-insured and self-administered)
Commissioners
—

Injury / body parts: psyche, lumbar spine, hypertension, hips, chest, neck, wrist, shoulders, upper back, groin, testicles, penis, fecal incontinence

LC §5909LC §5900LC §5702LC §5806LC §5807LC §5904CCR §10600CCR §10803CCR §10670CCR §10700

Summary

Applicant Ivan Miramontes sought reconsideration of a January 27, 2025 Joint Findings and Award that found industrial injury to his psyche (16% PD in ADJ9549789) and to his lumbar spine, hypertension, and psyche (28% PD in ADJ10928268), while denying injury to various other claimed body parts. Applicant argued defective service, mischaracterization of Dr. Dorsey's role, his prior attorney's failure to timely add body parts, and that the medical reporting was not substantial evidence. The WCAB granted reconsideration solely to correct a clerical error by admitting identified exhibits (applicant's 1-14 and 20-26 and defendant's A-X) into evidence that had been discussed and intended to be admitted but were omitted from formal findings. The Board otherwise adopted the WCJ's Report and affirmed the F&A in all respects. The decision also addressed the timeliness of the Board's action under amended Labor Code section 5909.

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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