WCPanelIQ
PanelQMELienDenied

Andy Hurtado — ADJ13077517

ANDY HURTADO, Applicant vs. USG CORPORATION; AMERICAN HOME ASSURANCE, Defendants

ADJ number
ADJ13077517
Decision date
Dec 12, 2021
District office
Riverside
WCJ
Eric Thompson
Claim administrator
American Home Assurance
Commissioners
—

Injury / body parts: right knee

LC §3600LC §3202LC §3202.5LC §5705

Summary

Applicant Andy Hurtado, a 60-year-old heavy equipment mechanic, claimed an industrial injury to his right knee on 09/12/2019 while walking on uneven, semi-rough terrain with a tapered dip during the course of his employment at USG Corporation. The defendant denied causation, arguing applicant was engaged in normal body movement and that the panel QME's opinion did not constitute substantial medical evidence. The WCJ found injury AOE/COE based on applicant's credible testimony and the reporting of panel QME Dr. James McSweeney, who concluded within reasonable medical probability that applicant sustained a torn medial meniscus with industrial aggravation of a preexisting degenerative condition. The WCAB adopted and incorporated the WCJ's report, holding that work need only be a contributing cause of injury under South Coast Framing, and denied reconsideration.

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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