CRISTOBAL RICO, Applicant vs. RESIDENTIAL DESIGN SERVICES; ZURICH AMERICAN INSURANCE; SENTRY CASUALTY COMPANY, Defendants
ADJ number
ADJ17444677
Decision date
Mar 7, 2024
District office
Santa Rosa
WCJ
Heidi K. Hengel
Claim administrator
Zurich American Insurance Company; Sentry Casualty Company
Commissioners
—
Injury / body parts: right shoulder, right elbow, right wrist, right ribs, right arm
Summary
Applicant Cristobal Rico, a tile installer, sustained two industrial injuries to the right shoulder, elbow, wrist, and ribs—a specific fall from a ladder on July 27, 2017 (insured by Zurich) and a second specific reaching injury on May 14, 2019 (insured by Sentry). The WCJ issued a Joint Findings & Award finding 9% PD for the 2017 injury and 2% PD for the 2019 injury after apportionment, relying on QME Dr. McCoy who apportioned 80% to 2017 and 20% to 2019. Sentry petitioned for reconsideration, arguing there was no specific 2019 injury and that Dr. McCoy's apportionment was conclusory and not substantial medical evidence, while Dr. Bell's report (assigning 100% to the 2017 injury) should have controlled. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration, holding the WCJ properly exercised her discretion to find Dr. McCoy's reporting more persuasive and substantial.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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