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PanelQMEMed-legalDenied

Raul Servin — ADJ14680333

RAUL SERVIN, Applicant vs. UPS FREIGHT; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number: ADJ14680333
Decision date: May 28, 2026
District office: Pomona
WCJ: —
Claim administrator: Liberty Mutual Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: bilateral knees, left knee, right knee

LC §5909LC §5900LC §4660LC §4660.1LC §4663LC §4664LC §5813CCR §10945CCR §10421CCR §10109

Summary

Applicant Raul Servin, a UPS Freight truck driver, sustained injury to his bilateral knees on February 19, 2021. The WCJ originally found 26% permanent disability after apportionment, but on applicant's prior reconsideration the Appeals Board amended the award to 59% disability without apportionment, finding the apportionment opinions of PQME Dr. Sweet and treating physician Dr. Jahng were not substantial medical evidence. Defendant then sought reconsideration of the no-apportionment finding. The Board denied the Petition, holding that the medical apportionment opinions were conclusory and failed to explain 'how' non-industrial factors (degenerative changes, prior surgeries, obesity) caused the specific AMA Guides impairment components (pain, range of motion, stability). Commissioner Razo dissented, arguing the record should be developed further given the substantial documented history of pre-existing knee pathology and surgeries.

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.