KEVIN ESPINOSA, Applicant vs. ARTHREX CALIFORNIA, INC.; HARTFORD INSURANCE COMPANY OF THE WEST, Defendants
ADJ number
ADJ12756033
Decision date
Jan 30, 2022
District office
Riverside
WCJ
Eric Yee
Claim administrator
Hartford Insurance Company of the West
Commissioners
—
Injury / body parts: lumbar spine, left leg, left hip
LC §5313LC §3202LC §3202.5CCR §10844CCR §10775
Summary
Kevin Espinosa, a 26-year-old shipping clerk for Arthrex California, Inc., claimed an October 23, 2019 injury to his lumbar spine, left leg, and left hip while using a manual lever to lower a loading dock ramp. After trial, the WCJ found the claim compensable based on applicant's credible testimony, incident reports, the DWC-1 claim form, and the PTP's opinion that the injury was work-related. Defendant petitioned for reconsideration, arguing the case was not compensable, relying primarily on a 10-minute surveillance video. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, giving great weight to the WCJ's credibility determinations under Garza, and finding the surveillance video neither substantial nor compelling (obstructed view, unidentifiable persons).
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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.