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PanelRemanded

Jose Hernandez — ADJ9687495

JOSE HERNANDEZ, Applicant vs. VALLEY TRANSIT AUTHORITY, permissibly self-insured, adjusted by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ9687495
Decision date: Feb 8, 2021
District office: Oakland
WCJ: —
Claim administrator: Tristar Risk Management
Commissioners: CRAIG SNELLINGS, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, psyche

LC §4660.1LC §5909LC §5903LC §5952LC §5313CCR §10566CCR §10787

Summary

Applicant Jose Hernandez claimed injury to his lumbar spine and psyche while working as a senior track worker for the Santa Clara Valley Transit Authority. The WCJ found his injury was not catastrophic under Labor Code section 4660.1(c)(2)(B), denying an increased psyche impairment rating, and applicant sought reconsideration. The Board first addressed the section 5909 timeliness issue, holding that its delay was due to procedural error and the time to act was tolled under Shipley. On the merits, the Board found that no formal minutes of hearing or summary of evidence had been prepared as required by WCAB Rule 10787, making the record inadequate for review. The Board rescinded the FA&O and returned the matter to the trial level for further proceedings to create a proper record.

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.