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Israel Reynoso — ADJ10978648

ISRAEL REYNOSO, Applicant vs. T & S FRIEDKIN CA, INC.; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ10978648
Decision date
Apr 25, 2021
District office
San Diego
WCJ
Linda F. Atcherley
Claim administrator
CorVel Corporation (administering for ACE American Insurance Company)
Commissioners
—

Injury / body parts: psyche, low back

LC §3208.3LC §5952

Summary

Applicant Israel Reynoso, a ranch laborer of 18 years, filed cumulative trauma claims for psychiatric injury (ADJ11005421) and back injury (ADJ10978648) with a CT period of 1/5/2014 to 1/5/2017. The WCJ found injury AOE/COE on both claims, and defendant sought reconsideration arguing the psychiatric claim failed because applicant merely 'misperceived' actual events under Verga, and that Dr. Yoo's back reporting was not substantial medical evidence. The PQME, Dr. Elise Reed, attributed 53% of psychiatric causation to supervisor Rogelio Alapiso's treatment of applicant, exceeding the predominant-cause threshold of Labor Code section 3208.3. The Board distinguished Verga, finding objective corroborating evidence (including defense witness testimony) of actual events of employment, and adopted the WCJ's report giving great weight to credibility findings under Garza. Reconsideration was 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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