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PanelGranted

Huitron, Miguel

MIGUEL HUITRON, Applicant vs. GREEN WASTE RECOVERY, administered by TRAVELERS, Defendants

ADJ number: ADJ8115072
Decision date: Jan 25, 2024
District office: San Jose
WCJ: —
Claim administrator: Travelers
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cardiological system, multiple body parts

LC §4600LC §5307.1LC §5307.8LC §5310LC §123.7LC §5309LC §5313LC §5903LC §5952LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5950CCR §10787

Summary

Applicant Miguel Huitron suffered a specific injury on November 16, 2011 while employed by Green Waste Recovery, with cardiological and other body parts claimed. The WCJ deferred the home health care issue pending development of the record under Neri Hernandez and found the request for an additional cardiology consultation moot since a prior consultation had been authorized and occurred. Applicant petitioned for reconsideration/removal, arguing sufficient evidence existed to award home health care and an ongoing cardiology consultation without further record development. The Board granted reconsideration on a preliminary basis, ordered the matter set for a status conference before a WCJ at the Appeals Board, and deferred a final decision on the merits. The Board highlighted Neri Hernandez principles regarding home health care prescriptions and noted a record contained an April 22, 2022 prescription from Dr. Robert Harrison, cautioning defendant of its affirmative duties to investigate.

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.