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PanelQMEMed-legalGranted in Part

Guedea, Miguel

MIGUEL GUEDEA, Applicant vs. FOLEY FAMILY WINES, INC.; ZENITH INSURANCE, Defendants

ADJ number: ADJ8779374
Decision date: May 6, 2024
District office: Santa Barbara
WCJ: —
Claim administrator: Zenith Insurance
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck, back, right shoulder, erectile dysfunction, sleep, cognitive disorder, headaches, urologic system, psyche

LC §5502LC §4663LC §4664

Summary

Applicant Miguel Guedea, a warehouseman, sustained a specific industrial injury on May 14, 2012 to multiple body parts. The WCJ found permanent total disability without apportionment, excluded sub rosa surveillance video obtained after the close of discovery, and rejected defendant's claim of an additional cumulative injury. Defendant sought reconsideration on the video exclusion, the cumulative injury claim, the PTD finding, apportionment, and the WCJ's reliance on applicant's vocational expert. The WCAB granted reconsideration solely to formally exclude Exhibit H (the sub rosa video), which had been inadvertently admitted, and otherwise affirmed the F&A in all respects, including the unapportioned PTD award.

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.