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PanelGranted

Adolfo Velasquez — ADJ9156321

ADOLFO VELASQUEZ, Applicant vs. KEVIN LV SMITH YOUR ENERGY SOURCE (THE LAVENNIS COMPANY); THE REPUBLIC GROUP, AKA SOUTHERN INSURANCE, adjusted by US ADMINISTRATOR CLAIMS, Defendants

ADJ number: ADJ9156321
Decision date: May 27, 2021
District office: San Jose District Office
WCJ: —
Claim administrator: US Administrator Claims (TPA for The Republic Group, aka Southern Insurance)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: low back, neck (claimed but denied)

LC §5313CCR §10945CCR §10842

Summary

Applicant Adolfo Velasquez, acting in pro per, petitioned for reconsideration of a March 12, 2021 Findings and Award that found a compensable low back injury sustained while working as an HVAC technician on November 28, 2012, resulting in 23% permanent disability. The Board granted reconsideration primarily to correct a procedural format defect: the WCJ improperly included explanatory footnotes in the Findings and Award rather than placing them in the Opinion on Decision as required by Labor Code section 5313. The Board noted that applicant's petition failed to state grounds for reconsideration or cite to the record with the specificity required by WCAB Rule 10945(b), making it subject to dismissal. The Board rescinded the original Findings and Award and substituted a new one omitting the footnotes but otherwise affirming the WCJ's findings and award.

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.