WCPanelIQ
PanelGranted in Part

Jose Hernandez — ADJ9687495

JOSE HERNANDEZ, Applicant vs. VALLEY TRANSIT AUTHORITY, permissibly self-insured, adjusted by TRISTAR RISK MANAGEMENT, Defendants

ADJ number
ADJ9687495
Decision date
Date unavailable
District office
Oakland
WCJ
—
Claim administrator
Tristar Risk Management (administering for permissibly self-insured Santa Clara Valley Transit Authority)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, right hip, psyche

LC §4660.1LC §5702

Summary

Applicant Jose Hernandez sustained an admitted industrial injury on August 19, 2014 to his lumbar spine and psyche (and stipulated right hip) while working as a senior track worker. The WCJ found the psychiatric injury was neither the result of a violent act under Labor Code section 4660.1(c)(2)(A) nor catastrophic under section 4660.1(c)(2)(B), thereby precluding any increase in permanent disability for the psyche, leaving the award at 36%. Applicant sought reconsideration solely on the catastrophic-injury finding, arguing his physical injury qualified under Wilson v. State of California/Cal Fire. The Board granted reconsideration, affirmed the WCJ's catastrophic-injury determination based on the Wilson factor analysis, but amended the decision to add a finding of injury AOE/COE and future medical treatment for the right hip, which had been inadvertently omitted despite the parties' stipulation.

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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