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Carlos Madrigal — ADJ11161737

CARLOS MADRIGAL, Applicant vs. AVALON BAY COMMUNITIES, INC.; ACE AMERICAN INSURANCE COMPANY, administered by BROADSPIRE SERVICES, INC., Defendants

ADJ number: ADJ11161737
Decision date: Dec 28, 2022
District office: Oxnard
WCJ: Peter M. Christiano
Claim administrator: Broadspire Services, Inc. (administering ACE American Insurance Company)
Commissioners: —

Injury / body parts: psyche, internal

LC §3208.3LC §5813CCR §10964CCR §10945CCR §10561

Summary

Applicant Carlos Madrigal alleged a cumulative trauma injury (6/20/2013-10/31/2017) to his psyche and internal systems while working as a maintenance technician for AvalonBay Communities. After the WCJ found no compensable injury based largely on the psychology QME (Dr. Appleton) and a determination that applicant's testimony was not credible, applicant petitioned for reconsideration. The WCAB denied reconsideration, adopting the WCJ's report, which found the medical opinions of the treating physician (Dr. Olney) and neurology QME (Dr. Fieman) unreliable because they relied solely on applicant's uncorroborated self-reporting. The Board reaffirmed that one physician's opinion can constitute substantial evidence even if inconsistent with others (Place v. WCAB) and admonished applicant's attorney for failing to cite the record under CCR 10945(b), warning of potential sanctions under Labor Code 5813 and CCR 10561.

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.