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Fausto Menchaca — ADJ12718876

FAUSTO MENCHACA, Applicant vs. HEDMAN MANUFACTURING COMPANY; AMERICAN AUTOMOBILE INSURANCE COMPANY, Defendants

ADJ number
ADJ12718876
Decision date
Oct 16, 2022
District office
Los Angeles
WCJ
—
Claim administrator
American Automobile Insurance Company
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: knees, shoulders, ankles, back, neck, hands, fingers

LC §3600LC §3202.5LC §3202LC §5903LC §5952

Summary

Applicant Fausto Menchaca, a painter, claimed a cumulative injury (August 2, 2018 through August 2, 2019) to his knees, shoulders, ankles, back, neck, hands, and fingers. Defendant denied the claim, and the WCJ found no injury AOE/COE, relying heavily on adverse credibility findings stemming from inconsistencies in applicant's testimony. The WCAB granted reconsideration, holding that while a WCJ's credibility findings are entitled to great weight, the question of injury is a medical determination requiring expert medical opinion. Because both the PTP (Dr. Mays) and the PQME (Dr. Fonseca) concluded applicant sustained a cumulative injury based on adequate examinations, histories, and records, the Board found substantial medical evidence supported AOE/COE. The Board rescinded the F&O and found applicant did sustain injury AOE/COE, deferring all other issues.

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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