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PanelQMEGranted in Part

Guevara, Roberto

ROBERTO GUEVARA, Applicant vs. PLAZA DE MARISCOS; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ7437728
Decision date: Date unavailable
District office: Marina del Rey
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: nervous system, psyche, brain, chest, head, nose, neck, back, face, eyes, left leg, left shoulder, right shoulder, left upper arm, lower back, right wrist, left wrist, elbows, ankles, hernia, internal system

LC §5702LC §5906LC §5908CCR §10517CCR §10835

Summary

Applicant Roberto Guevara sustained an admitted specific injury on January 31, 2010 (ADJ7437728) resulting in 89% permanent disability, and claimed a cumulative trauma injury during the period June 15, 2008 through April 15, 2010 (ADJ7238534). Both parties sought reconsideration: applicant alleged fraud and falsification of medical studies, while defendant disputed the attorney fee commutation date. In the cumulative trauma case, the WCJ found applicant failed to prove injury AOE/COE despite the parties having stipulated to injury to numerous body parts, and did so without giving the parties notice or an opportunity to be heard, and without injury AOE/COE having been identified as a submitted issue. The Board affirmed the specific injury F&A, rejected applicant's unsupported fraud allegations and defendant's attorney fee argument, but rescinded the cumulative trauma F&A on due process grounds and remanded for further proceedings.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.