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PanelMed-legalLienGranted

Luis Pantoja — ADJ11987597

LUIS PANTOJA, Applicant vs. DRILLTECH DRILLING & SHORING; ZURICH NORTH AMERICAN INSURANCE, Defendants

ADJ number: ADJ11987597
Decision date: Apr 27, 2026
District office: Sacramento
WCJ: —
Claim administrator: Zurich North American Insurance
Commissioners: JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck/cervical spine, lumbar spine, left shoulder, right shoulder, thoracic spine, left lower limb, teeth, radicular pain

LC §5909LC §5900LC §5904LC §4663LC §4664LC §5952LC §4659LC §4600

Summary

Applicant Luis Pantoja sustained an industrial injury on November 16, 2018, while working as a construction worker, when a 300-pound pipe fell as a co-worker fell. The WCJ found 66% permanent disability after applying apportionment based on AME Dr. Michael Sommer's opinions. The Board granted reconsideration, finding the AME's apportionment opinions were not substantial medical evidence because they were conclusory and failed to set forth the reasoning linking the identified factors (nicotine abuse, degenerative changes, prior 2011 shoulder injury, and L5-S1 conjoined nerve root vulnerability) to the actual disability. The Board amended the award to 72% permanent disability without apportionment, removed a moot finding on future bilateral wrist/hand treatment, awarded attorney's fees from the life pension, and commuted fees. Commissioner Razo dissented, arguing the AME met the burden by providing approximate apportionment percentages as required by Labor Code section 4663(c).

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.