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PanelDismissed

Mercado, Ruben

RUBEN MERCADO, Applicant vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, permissibly self-insured, adjusted by SEDGWICK CMS, Defendants

ADJ number: ADJ19370874
Decision date: Nov 17, 2024
District office: Pomona
WCJ: —
Claim administrator: Sedgwick CMS
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, lumbar spine

LC §5909LC §5900LC §5803LC §5702LC §5705LC §3202.5LC §5903LC §5952CCR §10700CCR §10870CCR §10882

Summary

Applicant Ruben Mercado sustained a June 2, 2022 specific injury to his back while working as a career development program specialist for the Los Angeles County Office of Education. The parties settled via a Compromise and Release for $30,000 based on Dr. Aaron Coppelson's March 15, 2023 MMI report rating 16% permanent disability of the lumbar spine, and the WCJ issued an Order Approving Compromise and Release on June 6, 2024. Applicant sought reconsideration, arguing the findings did not support the order because of an inconsistency between the permanent and stationary report and other medical records, and that his future medical award was inadequate because it was based on a lumbar strain rather than a herniated disk with a 6mm bulge. The Board dismissed the Petition as premature because no evidence had been admitted into the record to support applicant's allegations. The Board returned the matter to the trial level, recommending the WCJ treat the Petition as a petition to set aside and set a hearing so applicant can develop a record.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.