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PanelQMEMed-legalGranted in Part

Ruiz, Ernesto

ERNESTO RUIZ, Applicant vs. ROTO ROOTER OF IMPERIAL COUNTY, INC.; REPUBLIC UNDERWRITERS INSURANCE COMPANY, administered by AmTrust North America, Inc., Defendants

ADJ number: ADJ9195893
Decision date: Mar 31, 2026
District office: San Diego
WCJ: —
Claim administrator: AmTrust North America, Inc. (administering for Republic Underwriters Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: back, right foot, psyche

LC §4650LC §4663LC §4664LC §5903LC §5952CCR §10325

Summary

Ernesto Ruiz, a plumber, sustained an industrial injury to his back, right foot, and psyche on April 23, 2012, ultimately undergoing multiple spinal surgeries with a 'failed back syndrome' outcome. The WCJ found 100% permanent disability without apportionment to nonindustrial factors. Both parties sought reconsideration: applicant arguing the WCJ omitted a start date for permanent disability payments, and defendant arguing the PQME reports (Lane and Mednitsky) and VE report (Calderon) were not substantial medical evidence and failed to account for Dr. Mednitsky's apportionment. The Board affirmed the 100% PD finding and no nonindustrial apportionment, concluding that the industrial orthopedic and pain impairments independently rendered applicant totally disabled, while amending the F&A to set the permanent disability start date as February 27, 2014, pursuant to Brower.

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.