WCPanelIQ
PanelQMEMed-legalDenied

Juan Luna — ADJ18796354, ADJ18797375

JUAN LUNA, Applicant vs. TESLA MOTORS, INC., PERMISSIBLY SELF-INSURED, administered by ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ18796354, ADJ18797375
Decision date
Apr 13, 2026
District office
Oakland
WCJ
Thomas J. Russell, Jr.
Claim administrator
Zurich North America (administering for Tesla Motors, Inc., permissibly self-insured)
Commissioners
—

Injury / body parts: cervical spine, thoracic spine, lumbar spine, bilateral shoulders, bilateral arms, bilateral hands and fingers, bilateral wrists, bilateral elbows, bilateral upper extremities, bilateral carpal tunnel syndrome, right trapezius

LC §5412LC §5909LC §5900LC §5904LC §3208.1LC §3208.2LC §5303LC §3600LC §3202.5LC §5313LC §5815LC §5903LC §5952LC §10961CCR §10517CCR §10955

Summary

Tesla, permissibly self-insured and administered by Zurich North America, sought reconsideration or removal of an Amended F&O in which the WCJ rescinded a prior decision and ordered further development of the record through QME Dr. Ryan Derby regarding whether the applicant's bilateral upper extremities (including carpal tunnel syndrome) were part of a single cumulative injury. Defendant argued the WCJ failed to make findings in ADJ18797375, that the two cases were duplicative, that ADJ18796354 should be dismissed, that the section 5412 date of injury was May 12, 2022, and that Dr. Derby should be replaced. The Board treated the petition as one for reconsideration because the decision resolved threshold issues (employment and coverage), corrected the F&O to add a heading containing both case numbers, and denied the petition. The Board emphasized that whether there are one or multiple injuries and the type of injury are questions of fact requiring substantial medical evidence, justifying the WCJ's order to develop the record. It also held defendant conflated the concept of two injuries with one injury to separate body parts, and that the determination rests on causation, not on when body parts were alleged.

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