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PanelQMEMed-legalGranted

Moreno, Gerardo

GERARDO MORENO, Applicant vs. ROBERT MICHAEL LTD; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number: ADJ10341376
Decision date: Aug 24, 2023
District office: Santa Ana
WCJ: —
Claim administrator: Insurance Company of the West
Commissioners: NATALIE PALUGYAI, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: right testicle

LC §5906

Summary

Applicant Gerardo Moreno, an upholsterer, sustained an admitted industrial straddle injury to his right testicle on April 16, 2014. The WCJ found the injury caused no compensable permanent disability or need for future medical treatment, relying on PQME urologist Dr. Agatstein's opinion that applicant had 0% impairment following a right epididymectomy. The Board found Dr. Agatstein's opinion did not constitute substantial evidence because it was based on an inadequate medical history that failed to account for treating physicians' records (Dr. Warner and Dr. Satterthwaite) and applicant's trial testimony showing continued right testicular pain after surgery. The Board granted reconsideration, rescinded the WCJ's decision, and remanded for further development of the record on permanent disability and future medical treatment.

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.