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Jose Rios — ADJ10080187

JOSE RIOS, Applicant vs. BRET HUMMER; REDWOOD FIRE & CASUALTY INSURANCE COMPANY ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ10080187
Decision date
Aug 22, 2022
District office
Oakland
WCJ
Thomas J. Russell, Jr.
Claim administrator
Berkshire Hathaway Homestate Companies (administering Redwood Fire & Casualty Insurance Company)
Commissioners
—

Injury / body parts: heart, lungs, low back, left hip, right ribs, right clavicle

LC §5952LC §3600LC §3202

Summary

Jose Rios, a roofer, sustained an accepted specific injury on July 3, 2015, to his low back, left hip, right ribs, and right clavicle when a heavy roll of roofing material crushed his torso during a fall. He later claimed heart and lung injuries (obstructive sleep apnea, obesity hyperventilation syndrome, and right-sided heart failure) as compensable consequences. The WCJ found these conditions industrial based on pulmonology QME Dr. Frank Ganzhorn's opinion that post-injury weight gain caused by reduced physical activity from the orthopedic injuries contributed to the conditions, despite Dr. Ganzhorn changing his opinion (initially finding the conditions non-industrial because applicant was already overweight). Defendant petitioned for reconsideration, arguing Dr. Ganzhorn's opinion was not substantial evidence. The WCAB adopted the WCJ's report and denied reconsideration, holding the QME's opinion was substantial medical evidence supported by South Coast Framing.

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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