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PanelQMEGranted

Zamora, Salvador

SALVADOR ZAMORA, Applicant vs. HOSPITALITY STAFFING SOLUTIONS; ACE AMERICAN INSURANCE COMPANY; ESIS, Defendants

ADJ number: ADJ9958896
Decision date: Date unavailable
District office: Los Angeles
WCJ: —
Claim administrator: ESIS (for ACE American Insurance Company)
Commissioners: LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: arms, elbow, wrists, shoulders, knees, neck, hips, low back, spine, psyche, sexual dysfunction, sleep disorder, internal, diabetes

LC §5402LC §5401LC §5904LC §5900LC §3208.1LC §5500.5LC §5300LC §5301LC §5708LC §5950CCR §10346

Summary

Salvador Zamora sustained alleged cumulative and specific injuries while employed as a houseman by Hospitality Staffing Solutions. On February 16, 2022, a WCJ found that the Labor Code section 5402(b) presumption applied to the cumulative injury claim (ADJ9958896) for numerous body parts, and no party sought review of that order. Later, in an Amended F&O dated November 27, 2023, the WCJ found that the presumption was rebutted as to most orthopedic body parts based on QME Dr. Santaniello's reporting. The Board granted reconsideration, holding that the February 16, 2022 finding was a final, threshold order that became conclusive once unappealed, so defendant could no longer dispute AOE/COE in the cumulative injury claim. The Board rescinded the November 27, 2023 decision and returned the matter to the Presiding WCJ for reassignment to a new WCJ.

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.