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PanelQMEMed-legalGranted

Rosario Ramirez, Alejandro

ALEJANDRO ROSARIO RAMIREZ, Applicant vs. NICHOLS FARMS, INC.; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ15164960
Decision date: May 11, 2023
District office: Fresno
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: back, thoracic spine, chest

LC §5311LC §5813LC §5814CCR §10960CCR §10955CCR §10682

Summary

Applicant claimed a cumulative injury to his back, thoracic spine, and chest while working as a laborer/forklift operator for Nichols Farms from January 1, 2010, through September 2, 2021. The WCJ found chiropractic QME Dr. Ronald Ybarra's report constituted substantial evidence and awarded injury AOE/COE, while also sua sponte adding sanctions issues against defendant and ordering defense counsel to file a declaration detailing claims handling. Defendant petitioned for reconsideration, removal, and disqualification of the WCJ. The Board dismissed the removal/disqualification petition as moot because the WCJ had rescinded the sua sponte issues before issuing the F&A, and granted reconsideration finding that neither the unsigned treating physician report nor Dr. Ybarra's admittedly incomplete QME report constituted substantial evidence. The Board rescinded the F&A and returned the matter to the WCJ for further proceedings, allowing Dr. Ybarra to review the diagnostics he requested and re-evaluate the applicant.

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.