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PanelRemanded

Martin Garcia — ADJ12108331

MARTIN GARCIA, Applicant vs. BASIC FIBRES; SAMSUNG FIRE AND MARINE INSURANCE, administered by BROADSPIRE; STARR INDEMNITY, administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ12108331
Decision date: Mar 8, 2023
District office: Los Angeles
WCJ: —
Claim administrator: Broadspire (administering Samsung Fire and Marine Insurance); Gallagher Bassett (administering Starr Indemnity)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: rectum, left eye, lumbar spine, left knee

Summary

Applicant Martin Garcia, a mechanical welder, was found by the WCJ in a March 9, 2022 Findings and Award to have sustained injury to his rectum, left eye, lumbar spine, and left knee arising out of and in the course of his employment during a cumulative trauma period from January 1, 2017 to October 28, 2017, with Basic Fibres insured by Samsung Fire and Marine and Starr Indemnity. Both insurers petitioned for reconsideration, contending the WCJ erred in finding industrial injury (AOE/COE). After granting reconsideration and conducting a commissioners' settlement conference, the parties filed a fully executed Compromise and Release on March 3, 2023. To expedite review and approval of the settlement, the Board rescinded the Findings and Award and remanded the matter to the WCJ to consider the C&R. The Board expressly stated this was not a ruling on the merits of the petitions.

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.