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Manuel Natividad Cobos — ADJ14079246

MANUEL NATIVIDAD COBOS, Applicant vs. CARDENAS MARKETS, LLC; SAFETY NATIONAL CASUALTY, administered by SEDGWICK, Defendants

ADJ number
ADJ14079246
Decision date
May 25, 2026
District office
San Francisco
WCJ
—
Claim administrator
Sedgwick (administering for Safety National Casualty)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: right shoulder, neck

LC §4660LC §5502LC §5701LC §5903LC §5906LC §5952

Summary

Applicant, a butcher, sustained an industrial injury to his right shoulder and neck on June 23, 2018 when boxes fell on him in a work cooler. The AME, Dr. Mandell, found a strict AMA Guides rating of 5% WPI for the shoulder but rebutted it under Almaraz/Guzman by adding grip strength loss to reach 17% WPI. The WCJ rejected the AME's grip strength analysis (finding grip strength inappropriate for an injury above the elbow) and adopted the 5% strict rating, yielding 26% total permanent disability. On reconsideration, the Appeals Board found that neither the AME's grip strength method nor the WCJ's alternative table choice was supported by substantial evidence. The Board rescinded the F&A and remanded for further development of the record.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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