WCPanelIQ
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Francisco Martinez — ADJ11351201

FRANCISCO MARTINEZ, Applicant vs. WEST COAST PRIME MEATS, LLC; OLD REPUBLIC INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ11351201
Decision date
May 6, 2026
District office
Los Angeles
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for Old Republic Insurance Company)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: eyes, neck, shoulders, arms, hands, fingers, legs, ankles, circulatory system, excretory system, psyche

LC §3600LC §3208.1LC §5412LC §3208.3LC §5903LC §5952LC §5701LC §5906LC §5502LC §5907LC §5908LC §5908.5LC §5803LC §3203.8

Summary

Applicant Francisco Martinez, a meat cutter, claimed cumulative trauma injury (September 12, 2015 to September 5, 2017) to multiple body systems, plus an apparent specific injury when meat blood splashed into his left eye around June 15, 2017. The WCJ found no industrial injury and ordered applicant take nothing, relying primarily on PQME Dr. Shokes's orthopedic opinion. On reconsideration, the Board found the extensive PQME record (across ophthalmology, orthopedics, internal medicine, neurology, and psychiatry) to be materially inconsistent, internally conflicted, and dependent on incomplete or erroneous factual assumptions, and thus not substantial evidence. The Board emphasized unresolved issues including a section 5412 date-of-injury question, the distinction between exacerbation and aggravation of myasthenia gravis, derivative causation opinions based on a vacated report, and unaddressed psychiatric compensable-consequence theories. The Board rescinded the F&O and returned the matter to the trial level for further development of the record.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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