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Celso Gutierrez — ADJ2199336

CELSO GUTIERREZ, Applicant vs. ALEX MOVING AND STORAGE and CLARENDON NATIONAL INSURANCE COMPANY, administered by ENSTAR (US) INC. dba ENSTAR ADMINISTRATORS; CIGA, by its servicing facility INTERCARE, for LEGION INSURANCE COMPANY in liquidation; IAT INSURANCE GROUP, administered by GALLAGHER BASSETT SERVICES, INC; AMERICAN HOME ASSURANCE, administered by AIG CLAIMS; VANLINER INSURANCE COMPANY, administered by LWP CLAIMS SOLUTIONS, INC., Defendants

ADJ number
ADJ2199336
Decision date
Mar 8, 2021
District office
Anaheim
WCJ
—
Claim administrator
Enstar (US) Inc. dba Enstar Administrators (for Clarendon National Insurance Company); Intercare (CIGA servicing facility for Legion Insurance Company in liquidation); Gallagher Bassett Services, Inc. (for IAT Insurance Group); AIG Claims (for American Home Assurance); LWP Claims Solutions, Inc. (for Vanliner Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: lumbar spine, cervical spine, psyche, upper extremities, lower extremities

LC §5909CCR §10940

Summary

Applicant Celso Gutierrez, a driver/furniture mover acting in pro per, sought reconsideration of an October 20, 2020 Findings, Awards & Orders covering five consolidated injury claims spanning 1999-2004. The WCJ found industrial injury to applicant's lumbar/cervical spine and psyche across the claims (with varying permanent disability percentages from 6% to 21%), but found no injury to upper or lower extremities, and denied future psychiatric treatment. Applicant argued he sustained injury to numerous additional body parts (head, ears, teeth, shoulders, elbows, wrists, coccyx, knees, ankles, lungs, liver, prostate). The WCAB found AME Dr. Green's reports and QME Dr. Jacks' psychiatric report constituted substantial evidence, that the additional body parts were never pleaded in any claim, and that future psychiatric treatment was properly denied. The Board denied reconsideration.

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