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PanelQMEMed-legalLienGranted

Salvador Mendoza — ADJ8051802, ADJ1757644

SALVADOR MENDOZA, Applicant vs. SMITH’S BAKERIES; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number: ADJ8051802, ADJ1757644
Decision date: Apr 26, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Employers Compensation Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: lumbar spine, psyche

LC §5405LC §3600LC §5412LC §3202.5LC §5705

Summary

Lien claimants sought payment for medical treatment related to applicant Salvador Mendoza's claimed cumulative trauma injury to the lumbar spine and psyche while employed as a baker's helper at Smith's Bakeries (2006-2008). The WCJ found injury AOE/COE based on the reports of AME Dr. Sohn and QME Dr. Matloob, and found the claim not barred by Labor Code sections 5405 or 3600(a)(10). On reconsideration, the Board rescinded the F&O, finding none of the medical reports (Dr. Sohn, Dr. Matloob, or Dr. Tsou) constituted substantial medical evidence. Dr. Sohn unexplainedly revised his causation opinion from 100% Esparza to 60% Smith's without adequate reasoning or job-duty analysis; Dr. Matloob conducted no record review; and Dr. Tsou lacked relevant records. The Board held lien claimants failed to meet their burden of proving injury AOE/COE and disallowed all liens.

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.