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Juan Guzman — ADJ12629307

JUAN GUZMAN, Applicant vs. TASHA OFF PRICE, INC.; OAK RIVER INSURANCE COMPANY DBA BERKSHIRE HATHAWAY HOMESTATE COMPANIES; TECHNOLOGY INSURANCE COMPANY ADMINISTERED BY AMTRUST, Defendants

ADJ number
ADJ12629307
Decision date
Mar 3, 2022
District office
Los Angeles
WCJ
—
Claim administrator
Oak River Insurance Company dba Berkshire Hathaway Homestate Companies; Technology Insurance Company administered by AmTrust
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: bilateral arms, hands, right knee, back, head (headache/neurological), lumbar spine, psyche

LC §3208.3LC §3600LC §5412LC §5313LC §3202.5LC §5701LC §5702LC §5706LC §5906CCR §10517

Summary

Applicant Juan Guzman, a warehouse worker, claimed injury to multiple body parts during a cumulative trauma period from June 15, 2016 to October 10, 2019, the date of his termination. The WCJ found no injury AOE/COE, concluded the claim was barred as a post-termination filing under section 3600(a)(10), and ordered applicant take nothing, crediting defense witnesses over applicant and finding the medical reporting unreliable. On reconsideration, the WCAB found the F&O incomplete because it failed to make clear findings on whether any medical report constituted substantial medical evidence and failed to properly analyze the post-termination defense and its exceptions. The Board noted internal inconsistencies—the PTP found a cumulative trauma while the QME found a specific injury, neither addressed concurrent security employment or marijuana use, and the PTP reviewed no records. The Board rescinded the F&O and remanded for development of the record and entry of specific findings of fact on all disputed issues.

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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