RUBEN CERVANTES, Applicant vs. MILGARD MANUFACTURING; ACE AMERICAN INSURANCE COMPANY, Defendants
ADJ number
ADJ10409544
Decision date
Jun 27, 2024
District office
Van Nuys
WCJ
—
Claim administrator
ACE American Insurance Company
Commissioners
—
Injury / body parts: back, neck, cervical spine, lumbar spine, right knee
LC §4659LC §4663LC §4664LC §5705
Summary
Applicant Ruben Cervantes, a glazier, sustained a February 11, 2016 industrial injury to his back, neck, and right knee while lifting a heavy window. The WCJ found 81% permanent disability using Occupational Group 370, awarded a life pension, found no apportionment, and set the SAWW adjustment start date as January 1, 2018. Defendant sought reconsideration challenging the occupational group, the rejection of apportionment, and the SAWW start date. The Board affirmed the use of Occupational Group 370 as supported by substantial evidence and affirmed the rejection of apportionment because AME Dr. Silbart failed to explain the 'how and why' of his 10% apportionment opinion under Escobedo. The Board granted reconsideration only to correct the SAWW adjustment start date to January 1 following the year the life pension commences (per Baker) and to fix a clerical error in the Award.
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.