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PanelGranted

Huerta, Antonio

ANTONIO HUERTA, Applicant vs. STATE OF CALIFORNIA; IN HOME SUPPORT SERVICES; Legally Uninsured; administered by YORK RISK SERVICES, Defendants

ADJ number: ADJ10661601
Decision date: May 20, 2024
District office: Pomona
WCJ: —
Claim administrator: York Risk Services
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, lumbar spine, bilateral shoulders, bilateral elbows, bilateral knees, bilateral feet

LC §5502LC §5900LC §5902LC §5903LC §4064LC §5703LC §5708LC §5701LC §5906LC §5952CCR §10955

Summary

Applicant Antonio Huerta, a caregiver, sustained injury to multiple body parts during 2012 through February 2015. After a July 6, 2020 MSC, applicant attended a July 24, 2020 evaluation with treater Dr. Khalid Ahmed and listed the resulting report on an updated exhibit list. At trial, the WCJ excluded the July 24, 2020 report under Labor Code section 5502(d)(3), finding discovery had closed at the MSC and applicant had not requested to keep discovery open. The Board, treating applicant's challenge as a petition for removal because it disputed only an interlocutory evidentiary ruling, held the report should be admitted because it was indisputably unavailable at the time of the MSC (the appointment had not yet occurred). The Board rescinded the FA&O and returned the matter to the trial level.

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.