WCPanelIQ
PanelQMEMed-legalDenied

Lujan Gonzalez, David

DAVID LUJAN GONZALEZ (DEC'D), Applicant vs. PENSKE HONDA ONTARIO; TRISTAR ROSEVILLE, Defendants

ADJ number
ADJ9000687
Decision date
Dec 13, 2023
District office
Santa Ana
WCJ
Nate Halprin
Claim administrator
TRISTAR
Commissioners
—

Injury / body parts: cervical spine, head, lumbar spine, right shoulder, hypertension, coronary artery disease

LC §3202.5CCR §10945

Summary

Applicant David Lujan Gonzalez sustained an admitted specific injury on 4/15/2013 to his cervical spine and head while working as an automobile porter for Penske Honda Ontario, settling the claim in 2016 via stipulated Award for 29% permanent disability with all other body parts dismissed. In 2018, applicant filed a timely Petition to Reopen alleging new and further disability to the lumbar spine, right shoulder, hypertension, and coronary artery disease; applicant died 9/1/2022 and the petition was pursued for accrued benefits. The WCJ found applicant failed to sustain the burden of proving new and further disability, relying on the substantial, well-reasoned reports of PQMEs Dr. Hannani (orthopedics) and Dr. Caren (internal medicine/cardiology) over the flawed and inconsistent reports of treating physicians Dr. Haronian and Dr. Majcher. The WCAB adopted and incorporated the WCJ's Report and Recommendation and denied reconsideration on December 14, 2023.

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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