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Ubaldo Estrada Garcia — ADJ19040269

UBALDO ESTRADA GARCIA, Applicant vs. INSOURCE EMPLOYER SOLUTIONS, INC.; SUNZ INSURANCE COMPANY, Administered By NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number
ADJ19040269
Decision date
Apr 9, 2026
District office
Van Nuys
WCJ
—
Claim administrator
Next Level Administrators (administering for SUNZ Insurance Company)
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine

LC §5909LC §5900

Summary

Applicant, a class A driver, sustained an admitted industrial lumbar spine injury on March 9, 2024. The WCJ found applicant entitled to temporary disability indemnity beginning August 7, 2025, analyzing whether his later termination was for good cause. Defendant sought reconsideration. The Board held the WCJ applied the wrong legal framework: because applicant actually refused or abandoned an offer of modified work, the relevant inquiry was whether that refusal was reasonable, not whether the termination was justified. The Board granted reconsideration, rescinded the decision, and remanded for further development of the record, including supplemental QME reporting on periods of temporary total disability and the propriety of applicant's work restrictions.

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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