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PanelQMEGranted in Part

Ramirez De Paz, Luis

LUIS RAMIREZ DE PAZ, Applicant vs. PRIORITY BUSINESS SERVICES, INC., dba PRIORITY WORKFORCE, Administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number: ADJ15780886
Decision date: Nov 17, 2024
District office: Marina del Rey
WCJ: Paulina S. Ozeda
Claim administrator: Next Level Administrators
Commissioners: —

Injury / body parts: low back

LC §5909LC §5900LC §4656LC §4654CCR §10600CCR §10152CCR §9785

Summary

Applicant Luis Ramirez de Paz, a packer/warehouse worker, sustained a low back injury on January 15, 2022. The dispute centered on whether he was temporarily disabled during December 16, 2023 through June 26, 2024 and continuing, and whether he had reached maximum medical improvement (MMI). The WCJ relied on PQME Dr. Lee Silver's reporting—finding applicant not MMI and that his condition was worsening (acute lumbar radiculopathy, calf atrophy, candidate for injections/surgery)—over PTP Dr. Elias's MMI finding, and concluded no proper offer of modified/alternative work was served due to an incorrect address. The Appeals Board granted reconsideration to amend the award to give defendant credit for applicant's swap-meet earnings (~$200/week) under Labor Code section 4654, but otherwise affirmed the finding of temporary disability and not-MMI status. The Board also addressed the amended section 5909 timeliness rules, confirming it acted timely within 60 days of case 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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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.