WCPanelIQ
PanelQMEMed-legalDenied

Antonio Hernandez — ADJ17109812

ANTONIO HERNANDEZ, Applicant vs. AR, INC. DBA NEW SMILE AUTO BODY; THE HARTFORD, Defendants

ADJ number
ADJ17109812
Decision date
May 10, 2026
District office
Los Angeles
WCJ
—
Claim administrator
The Hartford
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: head, face, mouth, eyes, neck, ears, chest, forehead, nose

LC §5909LC §5900LC §5705LC §3600LC §3202.5CCR §10600

Summary

Applicant Antonio Hernandez, a car painter, claimed an industrial injury on November 11, 2022 to multiple body parts including the head, face, neck, ears, and nose. The WCJ found applicant did not sustain injury AOE/COE and ordered a take nothing, based on applicant's deceptive testimony (denying prior claims and injuries despite evidence of four prior injury claims and a $20,000 C&R with a prior employer) and the resulting lack of substantial medical evidence, since the medical reports were based on false and inaccurate histories. Applicant petitioned for reconsideration, arguing the WCJ exceeded her powers in finding he deceived the court and failed to consider all available evidence from P.A. Chavez, Dr. Rosenzweig, and PQME Dr. Lundstrom. The Board denied reconsideration, finding the WCJ properly weighed credibility under Garza and that the medical evidence was undermined by incomplete and inconsistent injury histories. The Board also addressed the timeliness of its action under amended Labor Code section 5909, confirming it acted within 60 days of transmission.

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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