WCPanelIQ
PanelGranted in Part

Martinez, Salvador

SALVADOR MARTINEZ, Applicant vs. HENRY RAMIREZ aka ENRIQUE CEJA RAMIREZ, an individual, dba EL TATA FAST FOOD, Defendants

ADJ number
ADJ10401977
Decision date
Dec 10, 2023
District office
Pomona
WCJ
—
Claim administrator
—
Commissioners
CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, back, bilateral shoulders, bilateral hands, head, bilateral knees, bilateral feet

LC §3600LC §3202.5LC §5412LC §5701LC §5906LC §3722

Summary

Salvador Martinez claimed cumulative trauma injury to multiple body parts while working as a cook for an illegally uninsured employer (Henry Ramirez dba El Tata Fast Food) from January 2015 to April 2016. The WCJ found injury AOE/COE to the neck, back, bilateral shoulders, bilateral hands, head, bilateral knees, and bilateral feet, based on applicant's and a coworker's credible testimony plus the PTP's reports. Defendant sought reconsideration, arguing the claim was post-termination retaliation, lacked evidence, and that applicant was injured as a car mechanic. The Board granted reconsideration but largely affirmed the injury finding, deferring some body parts because the medical evidence (Dr. Pourarbab's reports) only addressed the shoulders, knees, neck, and upper back—not the hands, head, and feet. The Board rescinded the F&A and substituted a finding of injury to the neck, back, bilateral shoulders, and bilateral knees, deferring all other body parts and remanding to develop the record.

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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