WCPanelIQ
PanelQMEGranted in Part

Chavez, Carlos

CARLOS CHAVEZ LOPEZ, Applicant vs. INTERIOR REMOVAL SPECIALIST; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ14904660
Decision date
Date unavailable
District office
Van Nuys
WCJ
Troy Slaten
Claim administrator
Zurich American Insurance Company
Commissioners
—

Injury / body parts: cervical spine, right wrist, right hand, left knee

LC §5412LC §3600LC §5952LC §5953

Summary

Applicant Carlos Chavez Lopez, a 48-year-old general laborer for Interior Removal Specialists, claimed a cumulative trauma injury to his cervical spine, right wrist, right hand, and left knee over the period May 18, 2020 to May 18, 2021. The WCJ found the injury compensable (AOE/COE) based on PQME Dr. Moheimani's report and applicant's credible testimony, and rejected the defendant's Labor Code section 3600(a)(10) post-termination defense. Defendant petitioned for reconsideration challenging credibility, sufficiency of evidence, and the post-termination ruling. The Board granted reconsideration solely to add a Labor Code section 5412 date of injury finding of July 15, 2021 (the date the application was filed), and otherwise affirmed the WCJ. Because the section 5412 date of injury (when applicant knew or should have known the disability was industrial) was after notice of termination, the cumulative trauma claim was not barred by the post-termination defense.

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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