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PanelQMEMed-legalGranted

Servin, Raul

RAUL SERVIN, Applicant vs. UPS FREIGHT; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ14680333
Decision date: Mar 15, 2026
District office: Pomona
WCJ: —
Claim administrator: Liberty Mutual Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: bilateral knees, left knee, right knee

LC §5909LC §5900LC §4453LC §4553LC §5705LC §5407LC §4663LC §5705CCR §10600

Summary

Applicant Raul Servin, a UPS Freight truck driver, sustained a bilateral knee injury on February 19, 2021, allegedly from repeatedly jumping off a malfunctioning liftgate. The WCJ found no serious and willful misconduct by the employer and awarded 26% permanent disability after apportionment. The WCAB granted reconsideration, affirmed the finding of no serious and willful misconduct, but found that neither the PQME's nor the treating physician's apportionment opinions constituted substantial evidence. The Board amended the award to 59% permanent disability without apportionment. Commissioner Razo concurred on the serious and willful issue but dissented on apportionment, arguing the matter should be remanded for further development of the 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.

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.