WCPanelIQ
PanelQMEMed-legalDenied

Reynoso, David

DAVID REYNOSO, Applicant vs. JB POINDEXTER AND COMPANY, INC., doing business as TRUCK ACCESSORIES GROUP, LLC; XL INSURANCE OF AMERICA, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ16909714
Decision date
Apr 24, 2025
District office
Sacramento
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering XL Insurance of America)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, cervical spine, C-6 vertebra, head (cervicogenic headaches)

LC §5410LC §5405LC §5407LC §4600LC §4650LC §4061LC §4062LC §4601LC §4602LC §5705LC §3202.5LC §5909LC §5900CCR §10964

Summary

David Reynoso suffered an accepted industrial injury to his neck on January 13, 2018, when industrial mixing blades struck him and knocked him off a ladder. The WCJ found he sustained a C-6 cervical fracture resulting in 18% permanent disability (11% WPI), awarded further medical care and PD indemnity, and relied on PQME Dr. Manijeh Ryan's reporting. Defendant sought reconsideration arguing failure to consolidate a second case it filed, lack of substantial medical evidence, improper exclusion of its exhibits, and that the claim was time-barred under Labor Code section 5410. The Appeals Board denied reconsideration, finding no evidence supported consolidation, Dr. Ryan's reporting was substantial medical evidence, defendant waived its statute of limitations defense and would have failed on the merits anyway, and defendant was not denied due process after untimely filing exhibits.

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