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PanelQMEMed-legalGranted

Orozco, Victor

VICTOR OROZCO, Applicant vs. OASIS, A PAYCHEX COMPANY; AMERICAN ZURICH INSURANCE COMPANY, ADMINISTERED BY ESIS; FAIRWAY PARK LLC; ICW GROUP/EXPLORER INSURANCE, ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number
ADJ12153570
Decision date
Jun 4, 2023
District office
Santa Ana
WCJ
Oliver Cathey
Claim administrator
ESIS (administering American Zurich Insurance Company); Sedgwick CMS (administering ICW Group/Explorer Insurance)
Commissioners
—

Injury / body parts: bilateral knees, lumbar spine, neck, feet, stress/psyche

LC §5412

Summary

Applicant Victor Orozco, a maintenance supervisor, had two consolidated claims: a September 7, 2012 specific injury to his bilateral knees and stress (ADJ9256604), and a continuous trauma claim spanning January 1, 1994 through October 25, 2019 to his bilateral knees and lumbar spine (ADJ12153570). The WCJ found the Labor Code 5412 date of injury for the continuous trauma to be May 30, 2017, and defendant American Zurich Insurance Company petitioned for reconsideration arguing the date should be the September 7, 2012 specific injury date or April 17, 2013. The Board granted reconsideration primarily to correct procedural defects—the WCJ should have issued a joint decision in the consolidated files and should have deferred the permanent and stationary date on the continuous trauma. The Board rescinded the separate Findings and Awards and substituted a single joint decision, affirming the remainder of the WCJ's decision including the May 30, 2017 date of injury finding for reasons stated in the WCJ's report. The matter was effectively remanded for development of the record on apportionment via supplemental reports from Drs. Dorsey and Latteri.

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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