WCPanelIQ
PanelDenied

Martin Dominguez — ADJ10089400, ADJ10089398

MARTIN DOMINGUEZ, Applicant vs. JOHN DONDERO FARMS; PREFERRED EMPLOYERS INSURANCE COMPANY, Defendants

ADJ number
ADJ10089400, ADJ10089398
Decision date
Apr 24, 2022
District office
Stockton
WCJ
—
Claim administrator
Preferred Employers Insurance Company
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, AMBER INGELS, DEPUTY COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, thoracic spine, low back

LC §5803LC §5702LC §5705LC §3202.5LC §5903LC §5952CCR §10700

Summary

Applicant Martin Dominguez, a farm worker with two stipulated injuries (cervical/lumbar/thoracic spine in January 2014 and low back in November 2014), sought to set aside two Stipulations with Request for Award approved February 19, 2019, claiming he did not understand the interpreter when he signed them and that the permanent disability ratings (26% and 15%) were inadequate. The settlements were based on AME Dr. Donald Pang's reporting. The WCJ found no good cause to set aside the Awards but erroneously issued a finding and order regarding a 'replacement panel' that was never an issue at trial. The Board granted reconsideration, rescinded the F&O in its entirety to correct the erroneous replacement panel finding, and issued a new decision finding applicant had not shown good cause to set aside the Awards. The Board gave great weight to the WCJ's credibility determination that applicant's claim he could not understand the same interpreter who appeared at trial was not credible, and found Dr. Pang's reporting constituted substantial evidence supporting the adequacy of the ratings.

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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