PABLO PALMA, Applicant vs. SHAW INDUSTRIES GROUP INC.; SAFETY NATIONAL CASUALTY CORPORATION, Administered By GALLAGHER BASSETT SERVICES, INC., Defendants
ADJ number
ADJ10266348
Decision date
Sep 24, 2023
District office
Santa Ana
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for Safety National Casualty Corporation)
Commissioners
—
Injury / body parts: hearing, right knee, left knee, lumbar spine, cervical spine, bilateral shoulders, upper extremities, dental, urological, hypertension, diabetes, psyche/anxiety, depression, sleep, vision (eyes), gastrointestinal
Summary
Applicant Pablo Palma sought reconsideration of a WCJ's 1st Amended Findings, Award and Order that found he did not sustain industrial injury to his dental, urological, hypertension, and diabetes conditions, and that declined to allow further development of the record on those issues. The WCJ had ordered further development for other conditions (psyche, gastrointestinal, vision, sleep) but not these. Applicant argued he should have been afforded the opportunity to develop the medical record on causation of all the disputed conditions, particularly given that his current counsel had only recently substituted into the case in September 2022. The Board granted reconsideration and amended the decision to defer the dental, urological, hypertension, and diabetes issues pending further development of the medical record. The Board emphasized that applicant retains the burden of proving reasonable probability of industrial causation and that any further discovery extensions require a showing of diligence.
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.