WCPanelIQ
PanelQMEMed-legalDenied

Isidro Soriano Gonzalez — ADJ9254033, ADJ9254163

ISIDRO SORIANO GONZALEZ, Applicant vs. HICKORY SPRINGS OF CALIFORNIA; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ9254033, ADJ9254163
Decision date
Jul 7, 2022
District office
Marina del Rey
WCJ
Jeffrey Ward
Claim administrator
Liberty Mutual Insurance Company
Commissioners
—

Injury / body parts: hernia, upper GI, bilateral shoulders, neck, lumbar spine, right knee, right ankle, hands, left ankle, psyche, head

LC §4660.1LC §3208.3LC §5902CCR §10510CCR §10109

Summary

Applicant Isidro Soriano Gonzalez, a 45-year-old truck driver, fell 6-8 feet onto rocks and concrete on 6/3/13, sustaining orthopedic, internal, and psychiatric injuries. The PQME psychiatrist apportioned the 64% psychiatric impairment 50% to a direct injury (PTSD from the traumatic fall) and 50% as a consequence of the physical orthopedic injuries. The WCJ found the entire psychiatric disability compensable, ruling the direct-injury half was not barred and the compensable-consequence half fell within the 'violent act' exception of Labor Code 4660.1(c), resulting in a combined 89% permanent disability award. Defendant petitioned for reconsideration challenging the violent act exception application and applicant's credibility regarding loss of consciousness. The WCAB denied reconsideration, adopting the WCJ's report, giving great weight to the credibility determination under Garza, and noting defendant relied on evidence never introduced at trial and failed to develop the record at the PQME's deposition.

Issues

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Holding

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Analysis

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