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PanelQMEMed-legalDenied

Solis, Kevin

KEVIN SOLIS, Applicant vs. MAMA MANAGEMENT USA, LLC; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number: ADJ15334962
Decision date: Jun 3, 2024
District office: Van Nuys
WCJ: —
Claim administrator: Insurance Company of the West
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: back, bilateral knees, bilateral legs

LC §3600LC §3202.5

Summary

Kevin Solis claimed cumulative trauma injury to his back, bilateral knees, and bilateral legs while working as a barback for Mama Management USA from September 24, 2019 to August 24, 2020. After three trial days, the WCJ found applicant failed to meet his burden of proving injury AOE/COE, citing his unreliable testimony, inconsistent medical histories given to evaluating physicians, lack of contemporaneous treatment, and credible defense testimony from manager Philip Smith. The WCJ found that neither PQME Dr. Zardouz's nor Dr. Pietruszka's reports constituted substantial medical evidence because they were based on inaccurate and incomplete histories that omitted prior accidents and injuries. The Appeals Board denied applicant's Petition for Reconsideration, adopting the WCJ's reasoning that applicant did not carry his burden of proof by a preponderance of the evidence.

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.

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.