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Tommy Alcaraz — ADJ13565822

TOMMY ALCARAZ, Applicant vs. SAN BERNARDINO COUNTY SHERIFF’S DEPARTMENT, Permissibly Self-Insured, Defendant

ADJ number: ADJ13565822
Decision date: Apr 24, 2022
District office: San Bernardino
WCJ: Jason L. Buscaino
Claim administrator: San Bernardino County Sheriff's Department (Permissibly Self-Insured)
Commissioners: —

Injury / body parts: left shoulder, ear (hearing loss), skin (dermatitis), back, nervous system

LC §4850LC §4656LC §5900LC §5903LC §5952CCR §10945CCR §10152

Summary

Deputy Sheriff Tommy Alcaraz alleged a cumulative trauma injury (July 1, 1995 through September 8, 2020), with the defendant ultimately accepting liability only as to the left shoulder. After PQME Dr. John Steinman found applicant maximally medically improved (MMI), the WCJ rejected that opinion as internally inconsistent and instead relied on PTP Dr. Jonathan Nassos to find the applicant temporarily totally disabled (TTD) from October 21, 2021 through December 16, 2021, awarding Labor Code section 4850 benefits. The WCJ found these TTD periods did not run concurrently with the companion specific injury claim (ADJ13556879). The WCAB denied the defendant's Petition for Reconsideration, adopting the WCJ's report, and admonished defense counsel for citing an online article not in evidence in violation of WCAB Rule 10945(c)(2).

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.