WCPanelIQ
PanelQMELienGranted

Aldo Ontiveros — ADJ11067921

ALDO ONTIVEROS, Applicant vs. COAST TO COAST GLASS COMPANY; MID-CENTURY INSURANCE COMPANY, Defendants

ADJ number
ADJ11067921
Decision date
Date unavailable
District office
Marina del Rey
WCJ
Jacqueline A. Walker
Claim administrator
Mid-Century Insurance Company
Commissioners
—

Injury / body parts: hernia, back, abdomen, internal system, excretory system

Summary

Applicant Aldo Ontiveros, a glazier, claimed a cumulative trauma injury (stipulated period January 1, 2015 to August 19, 2016) to his back, abdomen, internal system, excretory system, and hernia while working for Coast to Coast Glass Company. After trial, the WCJ issued a Findings of Fact and Award on February 22, 2022, determining weekly earnings of $1,120.42, largely rejecting applicant's testimony about cash overtime payments as credibly rebutted by defense witnesses. Applicant petitioned for reconsideration challenging the earnings determination, employment start date, and credibility findings. The WCJ's own report acknowledged that the decision failed to account for documentary evidence (Exhibit 7) supporting higher earnings and that there were clerical errors. The Board granted reconsideration, rescinded the decision, and remanded to the trial level for a revised determination of earnings.

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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