MACLOVIO QUINTERO GALLEGOS, Applicant vs. HR HOLDINGS LCF NIBBELINK MASONRY CONSTRUCTION; UNITED WISCONSIN INSURANCE COMPANY, Administered By NEXT LEVEL ADMINISTRATORS, Defendants
ADJ number
ADJ13891706
Decision date
Feb 16, 2023
District office
Van Nuys
WCJ
—
Claim administrator
Next Level Administrators (administering for United Wisconsin Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
Injury / body parts: left shoulder, left hand, left elbow, hands, lumbar spine, knees, feet, cervical spine, upper extremities
LC §4445LC §4653LC §5313LC §5906
Summary
Applicant Maclovio Quintero Gallegos sustained an admitted industrial injury to his left shoulder on June 24, 2020 while working as a construction worker. The WCJ found 14% permanent disability after 10% apportionment to nonindustrial factors, temporary disability through August 9, 2021, an average weekly wage of $1,546.58, and no cumulative injury in the companion case. Both parties petitioned for reconsideration. The Board granted both petitions, amending the temporary disability period to end June 26, 2021 (when applicant became permanent and stationary), recalculating the average weekly wage to $1,484.19 with a TD rate of $989.46, and deferring the issues of apportionment and cumulative injury for further development of the record because Dr. Omid's apportionment opinion did not satisfy Escobedo and the WCJ failed to adequately explain his cumulative-injury finding.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.