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Jose Menchaca — ADJ12245760

JOSE MENCHACA, Applicant vs. STAR INSURANCE COMPANY, administered by MEADOWBROOK INSURANCE GROUP, insurer for BC LABOR CONTRACTORS, INC., Defendants

ADJ number
ADJ12245760
Decision date
Apr 10, 2022
District office
Salinas
WCJ
Roisilin Riley
Claim administrator
Meadowbrook Insurance Group (administering for Star Insurance Company)
Commissioners
—

Injury / body parts: neck, right arm, right shoulder

LC §5900LC §5903LC §5313LC §3202LC §3202.5LC §5502CCR §10605

Summary

Applicant Jose Menchaca claimed a cumulative trauma injury to his neck, right arm, and right shoulder during employment from 1/1/08 through 1/8/19 as a mechanic. The WCJ found no injury AOE/COE because the QME, Dr. Van Dolson, ultimately concluded there was insufficient evidence to support either a cumulative trauma or a specific injury (which applicant had described as a transmission striking his shoulder on 1/1/18), and applicant failed to produce any supporting medical records. The WCJ also found no further discovery warranted because applicant had ample time to obtain evidence and file a second claim but did not. The WCAB found the petition timely (contrary to the WCJ) because Rule 10605's 10-day extension for out-of-state service applies to all parties when any party is served outside California, but denied reconsideration on the merits, adopting and incorporating the WCJ's report.

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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