RICARDO GONZALEZ, Applicant vs. ADVANCED CONSTRUCTION; OLD REPUBLIC GENERAL INSURANCE CORP., adjusted by GALLAGHER BASSETT, Defendants
ADJ number
ADJ10766894
Decision date
Date unavailable
District office
San Jose
WCJ
Adoralida Padilla
Claim administrator
Gallagher Bassett (adjusting for Old Republic General Insurance Corp.)
Commissioners
—
Injury / body parts: right eye, cervical spine, right wrist, psyche, face/head, headaches
LC §3208.3
Summary
Applicant Ricardo Gonzalez, a carpenter/framer, fell 10-15 feet from a metal beam at a construction site onto concrete, landing on his face, causing cervical fractures at C1 and C2, multiple facial fractures, right wrist fracture, ocular trauma with vision loss, subdural hematoma, and five days of unconsciousness. The WCJ found the mechanism of injury constituted a 'violent act' under Labor Code section 3208.3(b)(2) and that the various impairments should be added pursuant to Kite rather than combined under the CVC, resulting in 88% permanent disability. Defendant petitioned for reconsideration challenging both the violent act finding and the Kite addition. The WCAB adopted and incorporated the WCJ's Report and Opinion and denied reconsideration, finding the violent act determination supported by Wilson v. State of California Cal Fire and the Kite addition supported by substantial, unrebutted medical evidence of synergistic effects between impairments.
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.