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PanelQMEMed-legalDenied

Zaldivar, Walter

WALTER ZALDIVAR, Applicant vs. SAN MATEO COUNTY TRANSIT DISTRICT, permissibly self-insured, adjusted by THE CITIES GROUP, Defendants

ADJ number: ADJ18656564
Decision date: Dec 1, 2024
District office: Oakland
WCJ: —
Claim administrator: The Cities Group (administering for San Mateo County Transit District, permissibly self-insured)
Commissioners: JOSEPH .V CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: right shoulder, right biceps tendon

LC §5909LC §5900CCR §10600

Summary

Walter Zaldivar, a bus driver for San Mateo County Transit District, sustained an admitted right shoulder injury on June 14, 2023. PQME Dr. Ting found applicant permanent and stationary as of December 1, 2023, partly based on his understanding that applicant had declined surgery. The WCJ instead awarded temporary disability beginning April 18, 2024 and continuing, relying on later treating reports from Dr. Saunders and applicant's credible testimony that surgery was never actually discussed with or declined by him. Defendant sought reconsideration, arguing the TD award was unsupported by substantial medical evidence. The Appeals Board denied reconsideration, finding Dr. Ting's P&S opinion rested on an inadequate medical history and was not substantial evidence.

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.