WCPanelIQ
PanelDenied

Jose Gomez — ADJ11256141

JOSE GOMEZ, Applicant vs. DAMCO DISTRIBUTION SERVICES, INC.; NEW HAMPSHIRE INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ11256141
Decision date
Feb 27, 2022
District office
Oxnard
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering New Hampshire Insurance Company)
Commissioners
—

Injury / body parts: eyes, nose, chest, neck, shoulders, back, psyche, stress

LC §3600CCR §10803

Summary

Applicant Jose Gomez claimed a continuous trauma injury from June 12, 1992 through January 25, 2018 affecting multiple body parts. After trial, the WCJ found no industrial injury due to insufficient evidence, finding applicant unpersuasive as a witness and noting only six exhibits were introduced. Applicant sought reconsideration, arguing the WCJ failed to consider treating physician Dr. Hoa Doan's report and that the WCAB should take judicial notice of that report under Evidence Code section 452(d) because it was filed in EAMS. The Board denied reconsideration, holding that a medical report not offered as an exhibit at trial is not part of the record of proceedings under CCR section 10803 and is not subject to judicial notice, and that applicant waived the deficiency by failing to introduce the report at trial.

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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