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Javier Pascacio — ADJ8410465

JAVIER PASCACIO, Applicant vs. JACOBO FARM SERVICES; STAR INSURANCE COMPANY ADJUSTED BY MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number: ADJ8410465
Decision date: Mar 14, 2022
District office: Fresno
WCJ: —
Claim administrator: Meadowbrook Insurance Group (adjusting for Star Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: low back, lumbar spine

LC §5410LC §5407LC §5701LC §5906CCR §10955

Summary

Applicant Javier Pascacio injured his low back in 2012 working as a general laborer, resolving his claim by Stipulated Award at 17% PD in January 2015. He filed a timely Petition to Reopen on January 5, 2016, within five years of injury, alleging worsening of his condition. The WCJ found the petition timely but dismissed it on the ground that no new and further disability arose within five years of injury, relying on AME Dr. Lundeen's 2018 report finding no new TD or PD. On reconsideration, the Board rescinded the F&O, holding that under Sarabi and Applied Materials a 'new need for medical treatment' (here, surgical consideration documented by Dr. Watson in 2016 and a UR-certified surgical consult) satisfies the new-and-further-disability standard and confers continuing jurisdiction under Labor Code section 5410. The matter was returned to the trial level to develop the record on surgical necessity and to update the AME reporting.

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.