WCPanelIQ
PanelQMEMed-legalRemanded

Ortiz, Jose De Jesus

JOSE DE JESUS ORTIZ, Applicant vs. 3 AMIGOS MARKET; AMGUARD INSURANCE COMPANY; ZENITH INSURANCE COMPANY, Defendants

ADJ number
ADJ11713524
Decision date
Nov 4, 2024
District office
Van Nuys
WCJ
—
Claim administrator
AmGuard Insurance Company; Zenith Insurance Company
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: hand, back, shoulders, legs, feet, headaches, elbows, wrists, hips, heels, grip loss, musculoskeletal system

LC §110LC §111LC §112LC §115LC §3600LC §4709LC §5301LC §5315LC §5402LC §5412LC §5500.5LC §5701LC §5901LC §5903LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952LC §5953CCR §10205CCR §10205.4CCR §10320CCR §10330CCR §10961CCR §10962CCR §10995

Summary

Applicant Jose De Jesus Ortiz claimed a cumulative trauma injury during his employment with 3 Amigos Market from July 1, 1994 through October 19, 2018, after which he worked for All-Time Maintenance. The WCJ found the legal date of CT injury fell within December 2, 2019 through November 2, 2020, making All-Time Maintenance the only liable employer, and ordered applicant take nothing against 3 Amigos Market. On reconsideration, the Board first addressed a timeliness/jurisdiction issue under former Labor Code section 5909, holding its time to act was equitably tolled because it did not receive the petition until April 11, 2023 due to administrative error. On the merits, the Board found applicant's section 5412 date of injury was December 2, 2020 (the date PQME Dr. Viswanath reported permanent disability to the hips), and that the record was undeveloped regarding whether applicant sustained one or two separate cumulative injuries. The Board rescinded the F&O, substituted a finding of a December 2, 2020 date of injury, deferred the separate-injury issue, and returned the matter for further development of the 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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