WCPanelIQ
PanelQMEMed-legalDenied

Prado, Victor

VICTOR PRADO, Applicant vs. MCMINN EQUIPMENT RENTAL LEASING, INC.; THE HARTFORD, Defendants

ADJ number
ADJ16681249
Decision date
Jan 16, 2025
District office
Bakersfield
WCJ
—
Claim administrator
The Hartford
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, neck, left shoulder, bilateral hands, bilateral wrists, fingers

LC §5909LC §5900LC §5902LC §5903LC §5952CCR §10600CCR §10955

Summary

Victor Prado, a heavy equipment operator, sustained an industrial injury on July 28, 2022 to multiple body parts. The WCJ issued a Findings, Award, and Order awarding temporary and permanent disability, but found the record insufficiently developed to determine entitlement to additional temporary disability from May 12, 2023 through March 19, 2024, ordering the parties to seek clarification from neurological PQME Dr. Lawrence Richman. Applicant petitioned for reconsideration, arguing Dr. Richman had already found him temporarily partially disabled on a neurologic basis through March 19, 2024 and had provided work restrictions (no working at heights/scaffolds/ladders) that defendant failed to accommodate. The Board treated the petition as one for removal because applicant challenged only an interlocutory issue, and denied it, agreeing with the WCJ that Dr. Richman's opinion was incomplete and lacked specificity regarding height/elevation and whether applicant was actually required to work on scaffolds or ladders. The Board emphasized the duty to develop the record and that decisions must be based on substantial evidence.

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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