WCPanelIQ
PanelQMEMed-legalGranted

Perea, Daniel

DANIEL PEREA, Applicant vs. COUNTY OF ORANGE, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ14612291
Decision date
Dec 8, 2024
District office
Santa Ana
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for County of Orange, permissibly self-insured)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: lumbar spine/back, hips, legs (bilateral), left leg

LC §5909LC §5900LC §5412LC §5500.5LC §3208.1LC §3600LC §5500CCR §10600

Summary

Daniel Perea filed two claims: a specific injury claim (ADJ14612291) for back, left leg, and hips from March 24, 2021, and a cumulative trauma claim (ADJ14612308) to the back, bilateral legs, and hips for the period March 1, 2020 through March 30, 2021, while working as a correction service technician. The WCJ found a cumulative trauma injury to the lumbar spine, found the specific March 24, 2021 injury did not arise out of employment, and ordered the record developed on hips/legs and disability issues. Defendant sought reconsideration, challenging the cumulative trauma finding (arguing PQME Dr. Nicola's reporting was not substantial evidence because medical records did not show applicant reported back pain from increased duties) and the order to develop the record. The Board granted reconsideration but made no substantive changes, correcting a clerical error to reflect the exposure period extended through March 30, 2021 and deferring the Labor Code section 5412 date of injury issue. The Board affirmed that Dr. Nicola's reporting constituted substantial medical evidence and that the WCJ properly exercised discretion in ordering further development.

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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