WCPanelIQ
PanelGranted in Part

Carlos Ruiz — ADJ9310145, ADJ15379203

CARLOS RUIZ, Applicant vs. BARON HR, insured by ZURICH, administered by GALLAGHER BASSETT; KAMRAN STAFFING/HR COMP, UNINSURED; AARON THOMAS, insured by TWIN CITIES; SCI, insured by ZURICH, Defendants

ADJ number
ADJ9310145, ADJ15379203
Decision date
Aug 14, 2022
District office
Anaheim
WCJ
Bolynda Schultz
Claim administrator
Gallagher Bassett (administering for Zurich); Twin Cities; Zurich
Commissioners
—

Injury / body parts: back (lumbar spine), left foot/ankle

LC §5900LC §5902LC §4660LC §4660.1CCR §10945CCR §10972CCR §10835

Summary

Applicant Carlos Ruiz, acting in pro per, sought reconsideration of a May 24, 2022 Joint Findings of Fact and Order that found AOE/COE injury to his lumbar spine (cumulative trauma, occupational group 340) and left foot/ankle (specific injury, occupational group 360). His petition was skeletal, asserting only newly discovered evidence without supporting facts, grounds, or law. The Board noted the petition was subject to dismissal for lacking essential content but nonetheless granted reconsideration to correct an internal inconsistency in the occupational group numbers. Because the same date of injury (October 4, 2011) appeared in both claims and the parties had stipulated to group 360 for the specific injury, the Board amended Finding of Fact No. 1 to apply the higher occupational group number 360 to the cumulative trauma claim, while otherwise affirming the F&O. The Board noted the change did not affect the recommended permanent disability rating.

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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