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Palomera, Felipe

FELIPE PALOMERA, Applicant vs. MARIN SANITARY SERVICES, INC.; ALASKA NATIONAL SERVICES COMPANY, Defendants

ADJ number
ADJ11685909
Decision date
Apr 2, 2024
District office
Santa Rosa
WCJ
—
Claim administrator
Alaska National Insurance Company
Commissioners
—

Injury / body parts: neck, cervical spine, right shoulder, right ankle, right foot

LC §5952

Summary

Applicant Felipe Palomera, representing himself, sought reconsideration of a WCJ's Joint Findings and Award finding industrial injury to his neck and right shoulder (October 31, 2016) with 60% PD after apportionment, and to his right ankle and foot (March 26, 2019) with 15% PD after apportionment. Applicant argued the neck injury occurred separately in 2018, not as part of the 2016 incident. The Board affirmed the finding that the neck was injured in the 2016 incident, adopting the WCJ's Report, but on its own review found the AME apportionment opinions of Dr. Newton (cervical spine) and Dr. Sommer (orthopedic) did not constitute substantial medical evidence. The Board granted reconsideration, removed apportionment, and amended the awards to 69% PD in ADJ11685909 and 19% PD in ADJ12857821.

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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