WCPanelIQ
PanelQMEMed-legalGranted

Rojas, Jose

JOSE ROJAS, Applicant vs. ALAMILLO REBAR, INC., insured by OLD REPUBLIC GENERAL INSURANCE CORP., adjusted by GALLAGHER BASSETT SERVICES; PACIFIC STEEL GROUP, insured and administered by THE HARTFORD, Defendants

ADJ number
ADJ18451814
Decision date
Jan 2, 2025
District office
Lodi
WCJ
—
Claim administrator
The Hartford (Pacific Steel Group); Gallagher Bassett Services adjusting for Old Republic General Insurance Corp. (Alamillo Rebar)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: back, neck, spine, bilateral knees, head, headaches, bilateral lower extremities, bilateral hips, trunk

LC §5402LC §5401LC §5502LC §5900LC §5902LC §5903LC §5909CCR §10455CCR §10517

Summary

Applicant Jose Rojas filed multiple applications, including ADJ18451814 against Pacific Steel Group (insured by The Hartford) for a cumulative injury period of February 5, 2019 to March 14, 2019, and ADJ12117806 against Alamillo Rebar (insured by Old Republic) for a period of March 15, 2018 to March 15, 2019. Defendant Hartford sought reconsideration of the WCJ's F&O, arguing the ADJ18451814 application was duplicative of ADJ12117806 and should be dismissed under WCAB Rule 10455(a), and seeking sanctions under section 5502(d). The Appeals Board granted reconsideration to correct technical defects in the Findings of Fact but ultimately upheld the WCJ's substantive determinations. The Board found the application was not duplicative because the claims involved different employers, carriers, dates of injury, and not complete overlap of body parts; that applicant failed to establish the section 5402(b) presumption of compensability because no claim form filing date was shown; that Dr. Nerenberg was validly obtained as QME; and that discovery had not closed. The Board rescinded the F&O and substituted corrected Findings of Fact.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.