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Fernando Felix — ADJ12202655

FERNANDO FELIX, Applicant vs. DPR CONSTRUCTION, INC. and NATIONAL FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, administered by AMERICAN INTERNATIONAL GROUP, INC., Defendants

ADJ number: ADJ12202655
Decision date: Jun 20, 2021
District office: Long Beach
WCJ: —
Claim administrator: American International Group, Inc. (administering National Fire Insurance Company of Pittsburgh, Pennsylvania)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: bilateral knees

LC §5900LC §5902LC §5903LC §5952LC §5701LC §5906CCR §10955

Summary

Applicant Fernando Felix claimed cumulative trauma injury to his bilateral knees while working as a drywall taping superintendent. The WCJ found no industrial injury (AOE/COE), relying on QME Dr. Hwang's report. On April 5, 2021, the Appeals Board granted applicant's petition for reconsideration, finding that neither Dr. Hwang's QME report nor Dr. Secor's PTP report constituted substantial evidence because both relied on inaccurate descriptions of applicant's job duties and lacked adequate reasoning, and rescinded the F&O and returned the matter for development of the record. Defendant then sought reconsideration of that order. On June 21, 2021, the Board dismissed defendant's petition, holding that the order rescinding and returning the matter for further development was not a final, appealable order, and noted that removal, if sought, would have been denied.

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.