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Camacho Chino-Natividad

NATIVIDAD CAMACHO CHINO, Applicant vs. STONE BRIDGE CELLARS, INC. insured by NATIONAL UNION FIRE INSURANCE and adjusted by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ12837159
Decision date: May 14, 2023
District office: Santa Rosa
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (insured by National Union Fire Insurance)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left knee, low back

LC §5313LC §4600LC §4610LC §4062LC §4610.5

Summary

Applicant Natividad Camacho Chino, a laborer, claimed an August 23, 2019 injury to his left knee and low back. The WCJ found temporary disability for two periods, no permanent disability, a need for future medical care, and entitlement to self-procured medical treatment. The Board granted reconsideration and found the WCJ improperly relied on Concentra medical reports that were never admitted into evidence and on the PQME's summary of those records, which does not constitute substantial medical evidence. Because the decision was not based on admitted evidence, the Board rescinded the August 2, 2021 Findings, Award and Order and returned the matter to the trial level to create a complete record. The Board also clarified that an award of future medical care under section 4600 is not an award of any specific treatment, which is determined through UR/IMR.

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.