Mercado, Anthony

Applicant Anthony Mercado, a welder specialist, sustained an admitted injury to his left eye on July 19, 2022, when one or more welding sparks containing a metallic foreign body entered his eye, leading to a corneal foreign body, a subsequent fungal corneal ulcer, and residual scarring with vision loss. The sole contested issue was whether the injury qualified as a 'high-velocity eye injury' under Labor Code section 4656(c)(3)(F), which extends temporary disability payments up to 240 weeks within five years. The WCJ found that the welding spark constituted a high-velocity eye injury, applying the plain meaning of 'velocity' and prior panel decisions, and rejected defendant's argument that protective gear made such an injury impossible. The Appeals Board adopted the WCJ's well-reasoned Report and denied reconsideration, while also admonishing defense counsel for using intemperate, disrespectful language and for raising new arguments (industrial causation) not preserved at trial. The petition was denied.