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Jorge Benavides — ADJ11187123

JORGE GERMAN BENAVIDES, Applicant vs. WAGNER RYAN, individually; AGS TILE AND STONE; WESCO INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ11187123
Decision date: May 8, 2022
District office: Sacramento
WCJ: Ariel Aldrich
Claim administrator: AmTrust North America (administering Wesco Insurance Company)
Commissioners: —

Injury / body parts: low back

CCR §10945

Summary

Applicant Jorge Benavides sustained an industrial low back injury on October 18, 2017 while working as a tile setter. After trial, the WCJ awarded 38% permanent disability based on QME Dr. Nicole Chitnis's Almaraz/Guzman rating (analogizing to a one-level fusion at DRE Lumbar Category IV), rejecting applicant's claim of 100% total disability based on vocational expert Frank Diaz's report. Applicant petitioned for reconsideration disputing the PD finding. The Board adopted and incorporated the WCJ's report, finding Dr. Chitnis's opinion better reasoned than Mr. Diaz's, and denied reconsideration. The Board also admonished defense counsel for attaching documents already in the record in violation of WCAB Rule 10945.

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.