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Ignacio Maya — ADJ10010246

IGNACIO MAYA, Applicant vs. HARRIS FARMS, INC.; permissibly self-insured and adjusted by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ10010246
Decision date: Jun 17, 2021
District office: Fresno
WCJ: Brian D. Lee
Claim administrator: Tristar Risk Management
Commissioners: —

Injury / body parts: bilateral shoulders, left shoulder, right shoulder, cervical spine, both upper extremities

LC §5803

Summary

Applicant Ignacio Maya, a 63-year-old beef packer, sustained an admitted cumulative trauma injury to both shoulders through 4/23/15, settled via Stipulations with Award based on PQME Dr. Wilker's 2016 reports. Applicant timely filed a Petition to Reopen for new and further disability, and Dr. Wilker (now functioning as AME) ordered a cervical MRI which revealed cervical radiculitis. The AME found new and further disability including 7% WPI for the neck (90% industrial) and additional right shoulder disability. Defendant petitioned for reconsideration, challenging the cervical spine finding and the admissibility of Dr. Wilker's 3/20/20 supplemental report. The WCAB denied reconsideration, adopting the WCJ's report that found the AME's opinion to be substantial medical evidence and that good cause supported reopening for the cervical condition.

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.

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.