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PanelQMEMed-legalGranted

Regil, Harold

HAROLD REGIL, Applicant vs. AVDC, INC./BIG LOTS; STARR INDEMNITY, administered by SEDGWICK CMS, Defendants

ADJ number: ADJ17121403
Decision date: Oct 23, 2023
District office: San Bernardino
WCJ: —
Claim administrator: Sedgwick CMS (administering Starr Indemnity)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck, wrist, hand, back, multiple body parts

LC §3600LC §3202.5LC §3208.1LC §5411LC §5412LC §5952LC §4060LC §4061LC §4062.3LC §5701LC §5906

Summary

Applicant Harold Regil claimed a cumulative trauma injury to his neck, wrist, hand, back, and other body parts while working as a shipping clerk for AVDC, Inc./Big Lots. Defendant denied the claim citing, among other reasons, a lack of medical evidence, and proceeded to trial on AOE/COE only, with no medical evidence in the record. The WCJ found applicant did not sustain injury AOE/COE, found applicant not credible, and ordered take-nothing. On reconsideration, the Board held that medical evidence is required where compensability is at issue, particularly for cumulative trauma causation, and that the WCJ had a duty to develop the record. The Board granted reconsideration, rescinded the F&O, and remanded for further proceedings to develop the medical record.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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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.