WCPanelIQ
PanelQMEMed-legalGranted in Part

Valle, Francisco

FRANCISCO VALLE, Applicant vs. BLH CONSTRUCTION COMPANY, INC.; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ16513831
Decision date
Sep 16, 2024
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
Berkshire Hathaway Homestate Companies
Commissioners
—

Injury / body parts: cervical spine, lumbar spine, right hand, right shoulder, right knee, left ankle, left shoulder, left hand, nose

LC §5909LC §5900LC §3600LC §3202.5LC §5903LC §5952LC §5701LC §5906LC §5907

Summary

Applicant Francisco Valle, a construction worker, claimed injury to his cervical spine, lumbar spine, both shoulders, both hands, right knee, left ankle, and nose after a fall at work on July 6, 2022. The WCJ found injury to most body parts (excluding the nose) based on applicant's credible testimony and the QME report of Dr. Oechsel. Defendant petitioned for reconsideration, challenging the WCJ's credibility findings and reliance on the QME. The Appeals Board granted reconsideration, finding substantial evidence supported injury to the cervical spine, lumbar spine, right hand, right shoulder, right knee, and left ankle, but determined the record lacked medical evidence for the left shoulder, left hand, and nose, which it deferred for further development. The Board also corrected a clerical omission to add the identity of the insurer to Finding of Fact 1.

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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