WCPanelIQ
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Nicolas Cortes — ADJ14589712

NICOLAS CORTES, Applicant vs. BENIHANA, INC.; ZURICH NORTH AMERICA, administered by BROADSPIRE, Defendants

ADJ number
ADJ14589712
Decision date
Jun 11, 2026
District office
San Francisco
WCJ
—
Claim administrator
Broadspire (TPA for Zurich North America)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, bilateral knees

LC §5909LC §5900LC §5705LC §3600LC §3202.5LC §4660.1LC §4660CCR §10600

Summary

Applicant Nicolas Cortes, a prep cook, claimed a cumulative trauma injury (October 25, 2017 through October 25, 2018) to his lumbar spine and bilateral knees. After two related specific-injury claims were dismissed without prejudice, the WCJ found injury AOE/COE to the lumbar spine and bilateral knees resulting in 29% permanent disability, relying on treating physician Dr. Stoller's reporting. Defendant sought reconsideration, arguing Dr. Stoller's reporting was not substantial medical evidence on lumbar causation and that applicant failed to satisfy Vigil's requirements to rebut the combined values chart (CVC) for the bilateral knees by adding impairments. The Appeals Board denied reconsideration, holding that Dr. Stoller's reports constituted substantial medical evidence and that applicant satisfied Vigil by documenting the ADLs impacted by each knee impairment.

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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