WCPanelIQ
PanelQMEGranted in Part

Arambula Inguez, Oswaldo

OSWALDO ARAMBULA INGUEZ, Applicant vs. HIDDEN VALLEY RANCH; CYPRESS INSURANCE, Defendants

ADJ number
ADJ9953725
Decision date
Mar 11, 2024
District office
San Diego
WCJ
Linda F. Atcherley
Claim administrator
Cypress Insurance Company dba Berkshire Hathaway Homestate Companies
Commissioners
—

Injury / body parts: neck, back, lumbar spine, left shoulder, right shoulder, left arm, left wrist, right wrist, left knee, right knee

LC §5313LC §4664

Summary

Avocado picker Oswaldo Arambula Inguez prevailed at trial on three consolidated claims (a specific 9/14/2013 fall, a specific 1/23/2014 log-strike injury, and a 5/10/2013-5/9/2014 cumulative trauma), with the WCJ finding multiple body part injuries and awarding permanent disability of 32%, 30%, and 27% respectively. Defendant Cypress Insurance sought reconsideration arguing the WCJ failed to comply with Labor Code section 5313 and Hamilton, that the credibility finding lacked support, that the PQME (Dr. Schiffman) opinions were more persuasive than treating physician Dr. Murphy's, and that the WCJ improperly added disabilities under Kite rather than combining via the Combined Values Chart. The Board granted reconsideration solely to correct typographical errors, adopting and incorporating the WCJ's Report. The Board affirmed that the WCJ may choose between conflicting medical opinions, that her credibility determination was entitled to great weight under Garza, and that Dr. Murphy's Kite analysis was substantial medical evidence. The Findings and Award were affirmed except for corrected typographical/clerical errors.

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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