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Ricardo Sarabia Fernandez — ADJ10546340

RICARDO SARABIA FERNANDEZ, Applicant vs. REXNORD AEROSPACE and HARTFORD CASUALTY INSURANCE COMPANY, administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ10546340
Decision date: Date unavailable
District office: Los Angeles
WCJ: —
Claim administrator: CorVel Corporation (administering for Hartford Casualty Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: eyes, neck, shoulders, back, psyche, neurological system, head (headaches)

LC §3208.3LC §5401LC §5402

Summary

Applicant Ricardo Sarabia Fernandez claimed a continuous trauma injury including psyche while working as a machinist/laborer for Rexnord Aerospace from September 2, 2014 through July 12, 2016. The WCJ found no injury AOE/COE and ordered applicant take nothing, relying on the reports of psychiatric QME Dr. Dmitriy Sherman. On reconsideration, the Board found Dr. Sherman's reports did not constitute substantial evidence because he repeatedly requested but never received Mission Community Hospital treatment records, Kaiser records, and applicant's personnel records/witness statements, and expressly deferred his Rolda causation analysis pending those records. The Board also noted the trial record lacked any claim form or denial notice, making it impossible to determine whether the Labor Code section 5402 90-day presumption applied. The Board granted reconsideration, rescinded the F&O, and returned the matter to the WCJ to further develop the record and issue a new decision.

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.