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Luis Alvarado Arellano — ADJ12800076, ADJ12800078

LUIS ALVARADO ARELLANO, Applicant vs. C&R RESTAURANT GROUP dba TACO BELL; PENNSYLVANIA MANUFACTURERS ASSOCIATION, Defendants

ADJ number: ADJ12800076, ADJ12800078
Decision date: Nov 1, 2021
District office: Marina Del Rey
WCJ: —
Claim administrator: Pennsylvania Manufacturers Association
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: back, right knee, neck, bilateral wrists, hand, psyche

LC §5402LC §5313CCR §10750CCR §10803

Summary

Applicant Luis Alvarado Arellano, a janitor, claimed a specific injury (May 1, 2019) and a cumulative trauma injury (December 1, 2018 to September 30, 2019) to his back, knee, neck, wrists, and psyche while working for C&R Restaurant Group dba Taco Bell. The WCJ found no AOE/COE injury in the August 17, 2021 F&O, but in doing so relied on the August 20, 2020 PQME report of Dr. Karl Robinson, which the parties had stipulated to admit via a letter but which was never marked or admitted into evidence and was not listed on the Minutes of Hearing. The WCAB found the record insufficient to evaluate the WCJ's order because the decision relied on evidence not properly admitted. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings consistent with Hamilton v. Lockheed.

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.