WCPanelIQ
PanelQMEMed-legalLienGranted in Part

Hernandez, Luis

LUIS HERNANDEZ, Applicant vs. CAL-STATE SITE SERVICES; CYPRESS INSURANCE COMPANY DBA BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ13363747
Decision date
Dec 29, 2024
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Cypress Insurance Company dba Berkshire Hathaway Homestate Companies
Commissioners
—

Injury / body parts: left shoulder, lumbar spine, face, jaw, gums, teeth, upper extremities, neck, back, right lower extremity, foot, skin

LC §5909LC §5900LC §4603.2LC §4610LC §5952LC §5908.5CCR §10600CCR §9792.9.1CCR §9785CCR §9792.20CCR §9792.27.23CCR §9792.21.1CCR §10961

Summary

Applicant Luis Hernandez had an admitted specific injury (left shoulder, lumbar spine) and a separately filed cumulative trauma claim that defendant denied. Following lien trials, the WCJ found an industrial cumulative trauma injury and an industrial dental injury, allowed the Dental Trauma Center's lien (because the UR deferral letter was not properly served on the applicant), and ordered retrospective utilization review of RFAs from North Valley Health Center, Edwin Haronian, M.D., and the interpreter Alfonso Garate. Defendant petitioned for reconsideration, arguing the QME (Dr. Vangsness) was the only substantial medical evidence and disputing the dental injury finding. The Board granted reconsideration solely to correct a clerical error—removing the Dental Trauma Center from the retrospective UR order (inconsistent with the separate order allowing its lien)—and otherwise adopted and affirmed the WCJ's report. The Board also addressed timeliness under amended Labor Code section 5909, finding it acted within 60 days of 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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