CARLOS MARTINEZ, Applicant vs. MOOG, INC.; LIBERTY MUTUAL INSURANCE COMPANY, Defendants
ADJ number
ADJ578425
Decision date
Jun 15, 2023
District office
Van Nuys
WCJ
Robert Sommer
Claim administrator
Liberty Mutual Insurance Company
Commissioners
—
Injury / body parts: head, heart, cardiovascular system, neurological system, diabetes (aggravation), hypertension (aggravation), psyche, right index finger, right hand
Carlos Martinez alleged a continuous trauma injury (8/11/1997-6/2/2006) affecting his head, heart, cardiovascular system, neurological system, diabetes, hypertension, and psyche while working as a Senior Test Technician for Moog, Inc., culminating in a hemorrhagic stroke on 6/2/2006. He also alleged a separate right index finger/hand injury on 3/28/2003. The WCJ found applicant failed to prove industrial causation for the CT/stroke claim, relying on PQME Dr. Levey's opinion of no industrial causation over treating physician Dr. Kramer's opinion, which was deemed not substantial evidence because it relied on inaccurate work-hours and stress history (contradicted by payroll records, deposition testimony, and the fact applicant was found incapacitated at an adult bookstore in Oxnard) and Dr. Kramer himself admitted critical 2004-2006 Kaiser blood pressure records were missing. For the hand claim, applicant failed to prove temporary disability, future medical care, or attorney's fees because medical records showed he continued working without restrictions and was found P&S with no future care needed. The WCAB adopted the WCJ's Report and denied both Petitions for Reconsideration on June 16, 2023.
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.
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