WCPanelIQ
PanelQMEMed-legalDenied

Meza, Guadalupe

GUADALUPE MEZA, Applicant vs. TEAM SAN JOSE; CYPRESS INSURANCE adjusted by BERKSHIRE HATHAWAY, Defendants

ADJ number
ADJ15556399
Decision date
Aug 25, 2024
District office
San Jose
WCJ
Norma L. Acosta
Claim administrator
Berkshire Hathaway (adjusting for Cypress Insurance)
Commissioners
—

Injury / body parts: low back, lumbar spine

LC §4663

Summary

Applicant Guadalupe Meza, a 68-year-old cook helper, sustained a low back injury on 9/9/2021 while employed by Team San Jose. The WCJ awarded an unapportioned 27% permanent disability based on the reports of treating physician Dr. Kaisler-Meza, who rated applicant under DRE Category III. Defendant sought reconsideration, arguing the 27% award and the rejection of apportionment were not supported by substantial medical evidence. The WCAB denied reconsideration, adopting the WCJ's Report, holding that Dr. Kaisler-Meza's DRE III rating was well-supported by the medical record (including the radiculopathy findings of Drs. Tran and Klassen) and that QME Dr. Klassen's apportionment opinions were conclusory and failed to satisfy the Escobedo standard.

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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