WCPanelIQ
PanelGranted

Alvarez, Raul

RAUL ALVAREZ, Sr., Applicant vs. SUPER CENTER CONCEPTS dba SUPERIOR GROCERS; SAFETY NATIONAL CASUALTY CORPORATION, Defendants

ADJ number
ADJ9728181
Decision date
May 20, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Helmsman Management Services (administering for Safety National Casualty Corporation)
Commissioners
—

Injury / body parts: right arm, lumbar spine, right knee, psyche, left knee

LC §4600LC §4610LC §132a

Summary

Applicant Raul Alvarez sustained industrial cumulative injuries to his right arm, lumbar spine, right knee, and psyche while working as an assistant manager/banker and loader/unloader. The parties entered an 'Indemnity Only' Compromise and Release in 2018 that left future medical treatment open for the lumbar spine, right arm, right knee, and psyche. After settlement, applicant's treating physician opined that favoring of the industrial right knee caused a need for treatment to the left knee. The WCJ found defendant was not responsible for left knee treatment based on the C&R language. The Board granted reconsideration, rescinded the WCJ's decision, and held that the ambiguous C&R could not bar treatment to the left knee where the accepted right knee injury caused the need for that treatment.

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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