WCPanelIQ
PanelMed-legalGranted in Part

Rodriguez, Roberto

ROBERTO RODRIGUEZ, Applicant vs. CITY OF LONG BEACH; permissibly self-insured, Defendants

ADJ number
ADJ18150938
Decision date
Dec 19, 2024
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
City of Long Beach (permissibly self-insured)
Commissioners
—

Injury / body parts: right ankle, cervical spine, thoracic spine, lumbar spine, both knees

LC §5909LC §5900LC §3600LC §3202.5LC §5903LC §5952LC §4850LC §5907CCR §10600

Summary

Roberto Rodriguez, a fire engineer for the City of Long Beach, claimed cumulative trauma injury to multiple body parts including a right ankle. The WCJ relied on the AME report of Dr. Arthur Fass, DPM, to find industrial injury to the right ankle and award Labor Code § 4850 benefits. The City, permissibly self-insured, petitioned for reconsideration arguing the medical evidence was not substantial because IME Dr. Scott Hardy stated he needed additional records to opine on right ankle causation. The Board granted reconsideration solely to amend Finding of Fact No. 1 to expressly include the right ankle (apparently omitted by the WCJ), and otherwise affirmed, holding Dr. Fass's AME opinion constituted substantial evidence. The Board also addressed its timely action under amended Labor Code § 5909, concluding the decision was timely issued within 60 days of EAMS 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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