WCPanelIQ
PanelQMEGranted

Antonio Guzman — ADJ12909831, ADJ12910091

ANTONIO GUZMAN, Applicant vs. HARRIS REBAR NORTHERN CALIFORNIA; BITCO INSURANCE/OLD REPUBLIC GENERAL INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ12909831, ADJ12910091
Decision date
May 4, 2026
District office
San Jose District Office
WCJ
Robert E. Drakulich, Arbitrator
Claim administrator
Gallagher Bassett Services, Inc.
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: low back/lumbar spine, thoracic spine, cervical spine, bilateral knees, bilateral shoulders, bilateral hips, bilateral wrists, psyche, hearing loss

LC §5950LC §5909LC §5900LC §5903LC §5952LC §5270LC §5271LC §5272LC §5273LC §5274LC §5275LC §5501.5LC §5907LC §5908LC §5908.5LC §5803LC §5901CCR §10995CCR §10914CCR §10803CCR §10615

Summary

In this arbitrated workers' compensation case, applicant Antonio Guzman, a 25-year rebar ironworker, was found by the workers' compensation arbitrator (WCA) to be 100% permanently disabled with no apportionment, with industrial injury to numerous body parts including the spine, knees, shoulders, hips, wrists, psyche, and hearing. Defendant BITCO Insurance/Old Republic sought reconsideration, contending that the WCA erred in finding industrial causation as to the thoracic spine, right knee, bilateral hips, bilateral wrists, and psychiatric injury; that disability should have been 66% after apportionment; and that the record lacked stipulations regarding average weekly wage and date of maximum medical improvement, making the Award impossible to pay. The Appeals Board granted reconsideration but deferred a final decision because the arbitration record was incomplete, lacking minutes, pleadings, stipulations, issues, properly identified exhibits, and a summary of evidence as required by WCAB Rule 10914. The Board found it could not conduct meaningful due-process review without a complete, ascertainable record and deferred final decision pending further review.

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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