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Joseph Gross — ADJ13840656

JOSEPH GROSS, Applicant vs. VALLEY TRUCK & TRAILER, INC.; AMGUARD INSURANCE COMPANY, Defendants

ADJ number
ADJ13840656
Decision date
Feb 13, 2023
District office
Oakland
WCJ
Therese Da Silva
Claim administrator
AmGUARD Insurance Company
Commissioners
—

Injury / body parts: left ankle, left foot

Summary

Applicant Joseph Gross, a driver for Valley Truck & Trailer, alleged a specific injury to his left ankle and foot on April 30, 2020, while using a forklift on the employer's premises, resulting in a shattered ankle requiring surgery. The employer denied both the injury and continued employment, claiming applicant had been laid off in March 2020 due to the COVID pandemic, and disputed that applicant performed off-the-books cash work afterward. The WCJ found the injury compensable (AOE/COE), relying heavily on documentary evidence over conflicting witness testimony, and discrediting employer/owner Eric Hoopes due to his bombastic, evasive courtroom behavior and unsupported assertions. Critically, the urgent care intake document listed 'Eric' and two phone numbers as the emergency contact, both of which matched Hoopes' own handwritten numbers in defendant's exhibits, leading the WCJ to conclude Hoopes directed applicant to treatment after the on-the-job injury. The WCAB adopted and incorporated the WCJ's report, gave great weight to credibility determinations under Garza, and denied reconsideration.

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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