WCPanelIQ
PanelDenied

Rodriguez, Armando

ARMANDO RODRIGUEZ, Applicant vs. CITY OF WATSONVILLE, administered by LWP CLAIMS, INC., Defendants

ADJ number
ADJ16354315
Decision date
Apr 3, 2025
District office
Salinas
WCJ
Roisilin Riley
Claim administrator
LWP Claims, Inc. (administrator for self-insured City of Watsonville)
Commissioners
—

Injury / body parts: lumbar spine

LC §5909LC §5900LC §132aLC §5313LC §4553LC §4622CCR §10528

Summary

Armando Rodriguez, an Airport Operations Specialist III for the City of Watsonville, sustained a lumbar spine injury (DOIs 4/26/22 and 5/3/22). After resolving the case-in-chief via stipulated award, he tried claims of discrimination under Labor Code section 132a and serious and willful misconduct under section 4553, both of which the WCJ rejected. The WCJ found no causal connection between the work injury and a 6/17/22 written reprimand, found that performance management measures (including a PIP) predated the injuries, found applicant proved no lost wages or detrimental personnel action, and found no evidence the employer assigned weed-whacking duties with intent or wanton disregard to cause injury. The WCAB adopted and incorporated the WCJ's report and denied reconsideration. The Board also addressed the timeliness of its decision under amended Labor Code section 5909, concluding it acted within 60 days of the February 3, 2025 case transmission.

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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