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PanelQMELienGranted

Torres Arriaga, Victor

VICTOR TORRES ARRIAGA, Applicant vs. DM CONSTRUCTION; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ13482875
Decision date: Sep 1, 2025
District office: Santa Rosa
WCJ: Schaumberg
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: lumbar spine, cervical spine

LC §5950LC §5909LC §5900LC §5902LC §4660LC §5705LC §4903LC §4906LC §5901LC §5907LC §5908LC §5908.5LC §5803CCR §10600CCR §10972CCR §10844CCR §10840

Summary

Applicant Victor Torres Arriaga sustained injuries to his lumbar and cervical spine in two separate incidents (August 30, 2019 and July 13, 2020) while working as a laborer for D&M Construction. The WCJ issued a Joint Findings and Award based solely on QME Dr. Fujinaka's reports, awarding 19% permanent disability for the 2019 injury and 8% for the 2020 injury after apportionment, plus a 15% lien fee to applicant's former attorney. Applicant sought reconsideration arguing the evidence did not justify the findings of fact, though the petition lacked specific citation to the record. The Appeals Board granted reconsideration, finding it was not persuaded the record was properly developed on permanent disability (including the pain add-ons), apportionment, or the former attorney's fee. The Board deferred a final decision pending further review of the merits and the entire 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.