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Daunch, Richard

RICHARD DAUNCH, Applicant vs. CEMEX CONSTRUCTION MATERIALS PACIFIC, LLC./CEMEX TRUCKING, INC., and AMERICAN HOME ASSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ13681926
Decision date: Jun 15, 2023
District office: Riverside
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (administering American Home Assurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, left leg (radiculopathy)

LC §4663LC §5952LC §5701LC §5906CCR §10390

Summary

Applicant Richard Daunch, a cement mixer truck driver, claimed cumulative injury to his cervical and lumbar spine. The WCJ found the PTP Dr. Hannani's reporting more persuasive than QME Dr. Geiger's and awarded 46% permanent disability. Defendant sought reconsideration, arguing apportionment should be based on QME Dr. Geiger's reports. After reconsideration, the Board found that neither physician's reports constituted substantial evidence on apportionment because neither adequately explained how and why the nonindustrial degenerative factors caused permanent disability. The Board rescinded the F&A and returned the matter to the WCJ to develop the record, suggesting an AME or regular physician appointment.

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.