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Ramiro Luna — ADJ10575813

RAMIRO LUNA, Applicant vs. WEST VALLEY CONSTRUCTION; OLD REPUBLIC GENERAL INSURANCE CORPORATION, administered by GALLAGHER BASSETT SERVICES, Defendants

ADJ number: ADJ10575813
Decision date: Date unavailable
District office: Oxnard
WCJ: Roger A. Tolman, Jr.
Claim administrator: Gallagher Bassett Services (administering for Old Republic General Insurance Corporation)
Commissioners: —

Injury / body parts: circulatory system, upper extremities, shoulders, chest, heart, hypertension, dehydration/heat exposure

LC §5410LC §5803LC §5804LC §3208.1LC §3202LC §5904CCR §10534CCR §10536CCR §10455CCR §10458

Summary

Applicant Ramiro Luna suffered a dehydration incident while doing outdoor construction work on 8/17/2016 and was hospitalized. A 2019 Findings and Award by Judge Mays awarded medical treatment costs for the dehydration incident but found no body parts injured and no permanent disability. Applicant timely filed a Petition to Reopen on 8/10/2021, and the WCJ (Judge Tolman) ordered discovery, interpreting the prior award as a finding of industrial injury. Defendant petitioned for reconsideration/removal arguing there was no original injury and thus no basis to reopen. The Appeals Board treated the petition as one for reconsideration (because it implicated the threshold issue of jurisdiction), agreed the 2019 decision found AOE/COE injury in the form of dehydration, and denied reconsideration.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.