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Jose Martinez — ADJ13473354

JOSE MARTINEZ, Applicant vs. SILICON VALLEY MONTEREY BAY COUNCIL SERVICE CENTER; NEW YORK MARINE & GENERAL INSURANCE COMPANY, adjusted by LWP CLAIMS SOLUTIONS, Defendants

ADJ number: ADJ13473354
Decision date: May 3, 2021
District office: Oakland
WCJ: —
Claim administrator: LWP Claims Solutions (adjusting for New York Marine & General Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: left knee

LC §5904CCR §10843CCR §10955

Summary

Applicant Jose Martinez injured his left knee while loading boxes of popcorn into vehicles from a warehouse during his employment as a district director. The WCJ issued Findings and Award assigning occupational group number 360 and finding that the PQME's opinions did not constitute substantial evidence, ordering further development of the record. Defendant petitioned for reconsideration or, alternatively, removal. The WCAB determined the decision was a 'final' order subject to reconsideration because it resolved a threshold issue, and treated the petition accordingly. The Board adopted the WCJ's Report supporting occupational group 360 based on applicant's lifting, carrying, and warehouse activities, and applied the removal standard to the interlocutory evidentiary findings. The Board denied the petition, finding no significant prejudice or irreparable harm.

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.