WCPanelIQ
PanelDenied

Carlos Lopez — ADJ10870145, ADJ8277957

CARLOS LOPEZ, Applicant vs. PORTERVILLE SHELTERED WORKSHOP; MANUFACTURERS ALLIANCE INSURANCE COMPANY, administered by AMERICAN CLAIMS MGMT.; TREE & SIERRA MGMT. dba SIERRA MGMT.; CIGA by its servicing facility, INTERCARE HOLDINGS for ULLICO CASUALTY COMPANY, in liquidation, Defendants

ADJ number
ADJ10870145, ADJ8277957
Decision date
Jan 29, 2023
District office
Fresno
WCJ
Javier A. Alabart
Claim administrator
American Claims Management (for Manufacturers Alliance Insurance Company); Intercare Holdings servicing facility for CIGA (for Ullico Casualty Company, in liquidation)
Commissioners
—

Injury / body parts: upper digestive tract, colon, psyche, left arm, left wrist, left hand, right arm, right wrist, right hand, back, bilateral legs, knees, bilateral shoulders

LC §3202LC §3202.5

Summary

Carlos Lopez, a 36-year-old driver, sustained a specific industrial injury on 10/29/09 while employed by Sierra Management (insured by Ullico, now in liquidation, with CIGA as real party in interest) and also worked concurrently for Porterville Sheltered Workshop (insured by Manufacturers Alliance). CIGA sought to establish that a cumulative trauma claim also included the Porterville Sheltered Workshop employment, presumably to invoke CIGA's special defenses. The WCJ found applicant sustained compensable cumulative trauma while concurrently employed by both employers, relying on the opinion of Dr. Bernhard over the contrary opinion of Dr. Sonu. Manufacturers Alliance petitioned for reconsideration challenging the cumulative trauma finding. The WCAB denied reconsideration, adopting the WCJ's Report and reaffirming that a single physician's relevant and considered opinion may constitute substantial evidence even when inconsistent with other opinions.

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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