WCPanelIQ
PanelQMEMed-legalGranted

Poblano Ramirez, Jose Jorge

JOSE JORGE POBLANO RAMIREZ, Applicant vs. BORUE O’BRIEN; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ10421975
Decision date
Jan 18, 2024
District office
Santa Rosa
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: low back, bilateral hips, psyche, internal, headaches, cognitive, arms, thoracic spine, cervical spine, legs, hemorrhoids

LC §5313LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950CCR §10964

Summary

Applicant Jose Jorge Poblano Ramirez sustained an admitted industrial low back injury on October 29, 2014 while working as a laborer. The WCJ's January 19, 2024 Findings and Award found 27% permanent disability for the low back, deferred causation, PD, apportionment, and future medical care for the bilateral hips, ordered a psychology QME panel, deferred the internal medicine QME panel issue, and found no due process violation. Applicant petitioned for reconsideration, claiming denial of due process from the WCJ relying on defendant's Pre-Trial Conference Statement and ruling on his Petition to Augment the Record and Vacate Submission without listing it as a trial issue. The Appeals Board granted reconsideration, finding multiple inconsistencies in the record that prevented meaningful review—including a stipulation of bilateral hip injury that was contradicted by deferral of hip causation, unlisted psyche and internal claims, and a PD award for the low back while other body parts remained pending. The Board deferred its final decision after reconsideration pending further review of the merits and the entire record.

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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