RODOLFO MARTINEZ, Applicant vs. IMPERIAL SPRINKLER SUPPLY, INC.; CALIFORNIA INSURANCE COMPANY adjusted by APPLIED RISK SERVICES, Defendants
ADJ number
ADJ9900622
Decision date
Jul 7, 2022
District office
Anaheim
WCJ
Alice Burden
Claim administrator
Applied Risk Services (TPA for California Insurance Company)
Commissioners
—
Injury / body parts: head, brain, sleep, hearing, sense of smell, eyes (light sensitivity), psyche, headaches
LC §4660.1LC §4662
Summary
Applicant Rodolfo Martinez, a 55-year-old truck driver, sustained a head injury on February 25, 2015, resulting in impairment to his brain, sleep, hearing, sense of smell, light sensitivity, psyche, and headaches. The WCJ issued a Findings and Award on May 10, 2022 finding the applicant 100% totally permanently disabled, relying on a 98% combined medical rating supplemented by the vocational opinion of expert Michael Bonneau that the applicant was not amenable to vocational rehabilitation. Defendant petitioned for reconsideration arguing the WCJ failed to justify the increase from 98% to 100%, failed to analyze LeBoeuf, Kite, and Labor Code § 4662, and failed to evaluate whether certain medical reports constituted substantial evidence. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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