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Omar A Atilano — ADJ16048168

OMAR A. ATILANO, Applicant vs. BURKETT'S POOL PLASTERING, INC.; CALIFORNIA CONTRACTORS NETWORK; administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ16048168
Decision date: Feb 12, 2023
District office: Stockton
WCJ: Paul Saltzen
Claim administrator: American Claims Management (administering for California Contractors Network)
Commissioners: —

Injury / body parts: low back, lumbar spine

LC §5904CCR §35

Summary

Applicant Omar Atilano sustained a stipulated industrial low back injury on July 6, 2021, while working as a laborer for Burkett's Pool Plastering. After being initially discharged and returned to full duty at Kaiser, he later sought further treatment and was evaluated by PQME Dr. Sclafani, who found he was not yet permanent and stationary and imposed temporary partial work restrictions. The WCJ awarded temporary partial disability beginning August 8, 2022 (the PQME exam date), allowed a change of treating physician, and awarded medical care for the back. Defendant petitioned for reconsideration, arguing the PQME's opinion was not substantial evidence due to an inconsistent injury history, incomplete record review, and the PQME's unawareness of a prior full-duty release. The WCAB denied reconsideration, adopting the WCJ's report and giving great weight to the WCJ's credibility determination under Garza.

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.