RAUL CHAVEZ, Applicant vs. BOB BAFFERT RACING STABLE, INC., permissibly self-insured, administered by POST TIME SELF INSURANCE GROUP, Defendants
ADJ number
ADJ13947726
Decision date
Date unavailable
District office
Pomona
WCJ
Frank Hsu Yen
Claim administrator
Post Time Self Insurance Group
Commissioners
—
Injury / body parts: left knee, left leg
LC §3208.1LC §5412LC §5405CCR §10517
Summary
Applicant Raul Chavez, a hot walker, claimed a July 8, 2019 specific injury to his left leg/left knee. The WCJ found the injury AOE/COE, determined it was more akin to a cumulative trauma occurring after applicant returned to work and was tasked outside his work restrictions, held the claim was not barred by the statute of limitations, and awarded retroactive temporary disability of $19,421.26. Defendant sought reconsideration arguing the claim was time-barred (application filed December 4, 2020) and that no medical evidence established the left knee caused the temporary disability. The Board granted reconsideration and affirmed the F&A except that it amended the decision to find the Labor Code section 5412 date of injury was July 13, 2021 (the date of AME Dr. Berman's exam), confirmed the claim was timely, and deferred the temporary disability issue pending further development of the record because the treatment notes primarily addressed the right knee, not the left.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.