JUSTO GOMEZ, Applicant vs. MCDONALD’S WARMEL COMPANY; administered by BROADSPIRE, Defendants
ADJ number
ADJ7450282
Decision date
Sep 14, 2021
District office
Pomona
WCJ
Sharon Bernal
Claim administrator
Broadspire
Commissioners
—
Injury / body parts: neck (cervical spine), bilateral shoulders, bilateral elbows, bilateral wrists, bilateral thumbs, bilateral knees, psyche (claimed, not found industrial)
LC §4660LC §4663
Summary
Justo Gomez sustained an industrial cumulative trauma injury (May 24, 2009 through September 8, 2020) to his neck, bilateral shoulders, elbows, wrists, thumbs, and knees while working as a maintenance technician for McDonald's Warmel Company. The WCJ relied on AME Dr. Jackson's impairment and apportionment findings to award 24% permanent partial disability and 104 weeks of temporary disability. Applicant sought reconsideration, arguing the vocational report of Ms. Wilson rebutted the PDRS rating and supported a finding of permanent total disability. The Board, adopting the WCJ's Report, affirmed, holding that Ms. Wilson's report was not substantial evidence because it was based on an incomplete employment and educational history and failed to adequately address the non-industrial apportionment factors found by the AME. The petition was denied.
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.