WCPanelIQ
PanelQMEMed-legalGranted in Part

Villegas, Jose Mario (Aka Mario Piedra Salazar

JOSE MARIO VILLEGAS, aka MARIO PIEDRA SALAZAR, Applicant vs. M&M FRAMING-J.D. MILLER CONSTRUCTION, INC.; ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ13388235
Decision date
Date unavailable
District office
Marina del Rey
WCJ
Yvonne R. Jones
Claim administrator
Zurich North America
Commissioners
—

Injury / body parts: neck, cervical spine, thoracic spine, lumbar spine, bilateral legs, bilateral knees

LC §5502LC §5703LC §4060LC §5903LC §5952

Summary

Applicant Jose Mario Villegas, a construction laborer, alleged a cumulative trauma injury (5/19/2017-5/15/2020) to his neck, cervical spine, thoracic spine, lumbar spine, bilateral legs, and bilateral knees. The WCJ initially found no AOE/COE, then on reconsideration issued amended awards finding industrial injury and 31% permanent disability, crediting the PTP Dr. Arlen Green's reports over PQME Dr. Patrick O'Meara, whom the WCJ found spent only 5 minutes with applicant and did not physically examine him. The Board granted defendant's Petition for Reconsideration and, adopting the WCJ's report, affirmed the finding of industrial injury but deferred the issues of permanent disability, attorney fees, and commutation because both doctors' reports required supplemental correction. The Board also corrected the Award to run against the insurer (Zurich North America) rather than the employer.

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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