MARK LERMA, Applicant vs. DESERT SANDS UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOCIATES, Defendants
ADJ number
ADJ16093500
Decision date
Aug 14, 2024
District office
Riverside
WCJ
Eric Yee
Claim administrator
Keenan & Associates (administering for Desert Sands Unified School District, permissibly self-insured)
Commissioners
—
Injury / body parts: hands, arms, fingers, elbows, bilateral upper extremities, left trigger ring finger
LC §3600LC §3202.5LC §3202LC §4600
Summary
Mark Lerma, a custodian for Desert Sands Unified School District (1,990s) from April 26, 2011 through March 22, 2022, claimed cumulative trauma to his bilateral upper extremities (hands, arms, fingers, elbows). The WCJ found injury AOE/COE and awarded medical treatment based on the reporting of panel QME Dr. John Gonzalez, who opined the injury was industrially caused. Defendant sought reconsideration arguing the AOE/COE finding lacked substantial medical evidence because, aside from the left trigger ring finger, no body parts were identified as requiring ongoing industrial treatment. The WCAB rejected this argument, holding that causation and need for medical treatment are separate and distinct issues, and a finding of injury AOE/COE is not predicated on which body parts need treatment. The Board adopted the WCJ's Report and denied the Petition for Reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.