WCPanelIQ
PanelQMEMed-legalGranted in Part

Guardado Galvanez, Joaquin

JOAQUIN GUARDADO GALVANEZ, Applicant vs. JACOBELLIS SAUSAGE COMPANY INC., and OAK RIVER INSURANCE COMPANY administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ13080332
Decision date
Feb 7, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Oak River Insurance Company)
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, back, left shoulder, right shoulder, fingers, right middle finger, cervical spine, lumbar spine

LC §5952LC §5701LC §5906CCR §9990CCR §9991CCR §10800CCR §10964

Summary

Applicant, a meat processor, claimed a specific injury to his right middle finger (ADJ13080332) and a cumulative trauma injury to his neck, back, left shoulder, and fingers over a period from March 17, 2017 to March 4, 2020 (ADJ13080333). The WCJ found cumulative injury AOE/COE to all claimed body parts, relying on applicant's credible testimony and the QME reports of chiropractor Dr. Mirzaians. Defendant sought reconsideration, arguing it was prejudiced by not receiving a requested trial transcript, that the F&A lacked substantial evidence, and that the record should have been further developed. The Board affirmed the findings of injury to the neck and back as supported by substantial evidence, but amended the F&A to defer the left shoulder and fingers issues because the QME's reports contained inconsistencies (right vs. left shoulder) and no opinion was given on the fingers. The matter was returned to the WCJ to develop the record limited to the shoulder and fingers issues.

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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