WCPanelIQ
PanelQMEMed-legalDenied

Juan Constanza — ADJ8969732

JUAN CONSTANZA, Applicant vs. VALLARTA SUPERMARKETS; SAFETY NATIONAL CASUALTY CORPORATION, administered by SEDGWICK, Defendants

ADJ number
ADJ8969732
Decision date
Jul 1, 2021
District office
Van Nuys
WCJ
Jeffrey Marrone
Claim administrator
Sedgwick CMS (administering for Safety National Casualty Corporation)
Commissioners
—

Injury / body parts: low back, gastrointestinal system, internal, weight gain

LC §5903LC §5410LC §4067LC §5402LC §5803CCR §9793

Summary

Applicant Juan Constanza sustained an admitted low back injury on 3/3/2013 while working as a meat receiver for Vallarta Supermarkets, resulting in a stipulated 21% permanent disability award based on orthopedic AME Dr. Mouradian's findings. Applicant later filed a Petition for New and Further Disability claiming a gastrointestinal injury as a compensable consequence of medications (NSAIDs and Norco) used to treat the back injury. The WCJ granted the petition as to AOE/COE for the GI condition based on the consistent reports of PTP Dr. Valdez and corroboration from AME Dr. Mouradian, while rejecting the reports of internal secondary treater Dr. Rahban as not constituting substantial medical evidence (lacking the 'reasonable medical probability' standard), and ordered the parties to obtain a panel QME in internal medicine to determine nature and extent. Defendant petitioned for reconsideration arguing no substantial medical evidence supported the GI causation finding. The WCAB denied reconsideration, adopting and incorporating the WCJ's report and opinion.

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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