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Morales, Armando

ARMANDO MORALES, Applicant vs. GB FENCE COMPANY; OAK RIVER INSURANCE COMPANY, ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ11275140
Decision date: Dec 25, 2023
District office: San Diego
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (administering Oak River Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right leg, right knee, psyche (alleged)

LC §5313LC §5803LC §5901LC §5907LC §5908LC §5908.5LC §5950CCR §10492CCR §10397

Summary

Applicant Armando Morales, in pro per, sought reconsideration of an October 5, 2023 Findings and Award that found 23% permanent disability from an admitted industrial injury to his right leg and knee while working as a yard foreman on March 7, 2018. The WCJ failed to make findings on disputed body parts and on the issue of self-procured medical treatment. The Board found that treatment records documented psychiatric symptoms that may be industrial, while the application had not been amended to include a psychiatric injury, and that the most recent orthopedic PQME report (Dr. Schiffman) was over four years old. Citing its duty to develop an inadequate record, the Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level for further development, including a psychiatric/psychological PQME and an updated orthopedic PQME.

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.