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Michael Lopez — ADJ13363031

MICHAEL LOPEZ, Applicant vs. PROTAC SECURITY; NATIONAL LIABILITY & FIRE INSURANCE, administered by BIBERK INSURANCE SERVICES, Defendants

ADJ number
ADJ13363031
Decision date
Aug 26, 2021
District office
Oxnard
WCJ
—
Claim administrator
BiBerk Insurance Services (administering National Liability & Fire Insurance)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lumbar spine, low back

LC §4600

Summary

Applicant Michael Lopez, a security guard, claimed a lumbar spine injury from a slip while exiting his vehicle (or making rounds) on May 8, 2020. He had a prior back claim (ADJ9791594) resolved by Compromise and Release in 2018. The WCJ found injury AOE/COE based on applicant's credible testimony and QME Dr. Lundeen's report, and awarded further medical treatment. Defendant sought reconsideration arguing the testimony was not substantial evidence and that any future medical award should be apportioned to reflect only 37.5% responsibility. The Board denied reconsideration, deferring to the WCJ's credibility determination and holding that medical treatment for a single injury with one employer and one carrier is not apportionable.

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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