WCPanelIQ
PanelQMEMed-legalGranted in Part

Sandoval, Miguel

MIGUEL SANDOVAL, Applicant vs. KATSURA GARDEN LANDSCAPE; TOKIO MARINE MANAGEMENT, INC., Defendants

ADJ number
ADJ15567442
Decision date
May 8, 2023
District office
San Francisco
WCJ
Colleen S. Casey
Claim administrator
Tokio Marine Management, Inc.
Commissioners
—

Injury / body parts: abdomen, umbilical hernia, inguinal hernia, gastrointestinal system

LC §3208.1LC §3600LC §4600LC §5400LC §5405LC §5412

Summary

Applicant Miguel Sandoval, a landscaper/laborer, claimed a cumulative trauma (CT) injury ending 4/26/2019 to his abdomen in the form of umbilical and inguinal hernia, distinct from a prior settled specific low back injury (ADJ12230813). The WCJ found the CT hernia claim industrial and not barred by either the statute of limitations or the post-termination defense, and defendant petitioned for reconsideration. The Board granted reconsideration and, as its Decision After Reconsideration, affirmed the Findings, Award and Order but amended Finding of Fact #1 and Award #1 to limit the industrial finding to the abdomen in the form of umbilical and inguinal hernia and to defer the issue of injury to all other claimed body parts. The Board reasoned that substantial medical evidence—the QME reports and emergency room records—only supported injury to the abdomen in the form of hernia at this time. The decision otherwise adopted the WCJ's Report on the statute of limitations and post-termination defenses.

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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