WCPanelIQ
PanelQMEMed-legalGranted in Part

Martin Huerta — ADJ11994133, ADJ11994135

MARTIN HUERTA, Applicant vs. KPS FIRE AND SPRINKLER WITH PAYROLL COMPANY EMPLOYERS RESOURCES; STATE NATIONAL INSURANCE COMPANY, administered by ESIS, Defendants

ADJ number
ADJ11994133, ADJ11994135
Decision date
Apr 4, 2022
District office
Marina Del Rey
WCJ
Ivy W. Mi
Claim administrator
ESIS (administering for State National Insurance Company)
Commissioners
—

Injury / body parts: head, brain, eyes, psyche, nervous system (stress)

LC §3202LC §3600LC §5701

Summary

Applicant Martin Huerta, a 54-year-old superintendent, alleged a cumulative trauma injury to his head, brain, eyes, psyche, and nervous system stemming from an ever-increasing workload, with worsening of a bilateral eye-twitching condition. Defendants denied injury AOE/COE, including on post-termination grounds under Labor Code §3600(a)(10). After trial, the WCJ found that none of the existing medical evidence constituted substantial medical evidence on causation but ordered further development of the record (supplemental reports from treating neurologist Dr. Lin and psychologist Dr. Mothersole) under McClune. Defendants petitioned for reconsideration, arguing the WCJ erred in reopening discovery after it had closed and, alternatively, in not allowing defendants an equal opportunity to develop the record. The Board adopted the WCJ's report, amended the decision to allow both parties to submit records and obtain supplemental reports (consistent with McDuffie), and otherwise affirmed.

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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