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PanelQMEGranted in Part

Gregorio Hernandez Montor — ADJ12525621

GREGORIO HERNANDEZ MONTOR, Applicant vs. ADVANCED CONSTRUCTION SOUTHWEST, INC. and OLD REPUBLIC INSURANCE COMPANY administered by GALLAGHER BASSETT SERVICES INC., Defendants

ADJ number: ADJ12525621
Decision date: Jan 13, 2022
District office: San Francisco
WCJ: —
Claim administrator: Gallagher Bassett Services Inc. (administering for Old Republic Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck, right shoulder, back

LC §5952LC §5903CCR §9785

Summary

Applicant, a carpenter, claimed injury to his neck, right shoulder, and back during a cumulative period ending June 14, 2019. Chiropractic QME Dr. Frieders opined that applicant became permanent and stationary on April 22, 2021, while treating chiropractor Dr. Graves continued to find applicant temporarily totally disabled. The WCJ found Dr. Frieders' opinion was not substantial evidence and awarded TTD from April 23, 2021, through trial and continuing. The Board granted reconsideration, agreeing that Dr. Frieders' reports were not substantial evidence (internally inconsistent and based on inadequate medical history), but amended the award to limit TTD to the period April 23, 2021 through July 2, 2021 — the last date supported by Dr. Graves' substantial PR-2 report under AD Rule 9785(f)(8) — and deferred the issue of TTD thereafter.

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.