WCPanelIQ
PanelDenied

Acevedo, Ernesto

ERNESTO ACEVEDO aka MARIO RECINOS, Applicant vs. HAITBRINK ASPHALT PAVING; REDWOOD FIRE AND CASUALTY INSURANCE COMPANIES; Administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ3869833
Decision date
Dec 21, 2025
District office
Riverside
WCJ
Joseph Yalon
Claim administrator
Berkshire Hathaway Homestate Companies (administering Redwood Fire and Casualty Insurance Companies)
Commissioners
—

Injury / body parts: lower back, spinal injury resulting in quadriplegia/paralysis

LC §4600LC §5909LC §5900

Summary

Applicant, a laborer, sustained an industrial back injury on 9/6/2007 resulting in quadriplegia following a compensable-consequence automobile accident on 9/10/2007, confining him to an electronic wheelchair requiring a handicapped-modified van. After the parties tried the issue of reimbursement for $5,169 in van repairs, the WCJ issued a Findings and Award holding the repairs constituted compensable medical treatment under Labor Code section 4600. Defendant Redwood Fire & Casualty petitioned for reconsideration, arguing van repairs are normal operating costs, not medical treatment, and that the evidence did not support causation. The WCAB adopted and incorporated the WCJ's Report, finding handicapped-modified vans are 'apparatuses' under section 4600 and that repairs to such apparatuses are compensable when reasonably required. The Board also confirmed timeliness under the amended section 5909 and denied reconsideration.

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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