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PanelQMEMed-legalGranted in Part

Perez, Adan

ADAN PEREZ, Applicant vs. STAR INSURANCE COMPANY, insurer for DICK PEIXOTO, adjusted by MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number: ADJ10631225
Decision date: Oct 29, 2023
District office: Salinas
WCJ: Roisilin Riley
Claim administrator: Meadowbrook Insurance Group (administering for Star Insurance Company)
Commissioners: —

Injury / body parts: head, neck

LC §5313CCR §10945CCR §10842

Summary

Applicant Adan Perez, in pro per, sustained an admitted industrial injury to his head and neck on September 13, 2016, while working as a mechanic, and received a 24% permanent disability award plus future medical treatment in 2017. He filed a timely Petition to Reopen for New and Further Disability in 2021. After a panel QME reevaluation by Dr. Gwalani found applicant remained permanent and stationary with no additional impairment, the WCJ found no new and further disability and dismissed the petition. The Board granted reconsideration solely to add necessary jurisdictional findings, but otherwise affirmed the WCJ's decision adopting her Report, finding applicant's petition failed to state grounds or cite to the record, that he was afforded due process, and that the QME report was substantial medical evidence. The 2017 future medical treatment award remains in effect.

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.