WCPanelIQ
PanelMed-legalDenied

Miguel Galvan — ADJ12577928

MIGUEL GALVAN, Applicant vs. ROY MILLER FREIGHT LINES; NATIONAL INTERSTATE, Defendants

ADJ number
ADJ12577928
Decision date
Aug 8, 2021
District office
San Diego
WCJ
Andrew J. Shorenstein
Claim administrator
National Interstate
Commissioners
—

Injury / body parts: right knee, knees

LC §4060LC §5701

Summary

Applicant Miguel Galvan, a truck driver, alleged he injured both knees when he fell while unloading a truck trailer on March 13, 2019. The employer denied injury and the case proceeded to trial on injury AOE/COE. Because the parties had not utilized Labor Code section 4060 procedures to obtain a medical evaluation, there was no medical evidence at trial, so the WCJ ordered an examination by Dr. John Lane pursuant to Labor Code section 5701. Dr. Lane found a posterior horn medial meniscus tear of the right knee consistent with the alleged mechanism of injury, and the WCJ found applicant's testimony more credible than the defense witnesses, who had no knowledge of the injury. The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's report and giving great weight to the WCJ's credibility determinations under Garza.

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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