WCPanelIQ
PanelGranted

John Alarcon — ADJ2235268

JOHN ALARCON, Applicant vs. CUSTOM BUILDING PRODUCTS; CIGA for FREMONT INDEMNITY COMPANY, in liquidation, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ2235268
Decision date
Jul 12, 2026
District office
Marina del Rey
WCJ
—
Claim administrator
Sedgwick CMS (administering CIGA for Fremont Indemnity Company, in liquidation)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lower back, bilateral knees, psyche, internal, incontinence

LC §5909LC §5900LC §5903LC §5952LC §5313LC §4658LC §4663LC §4622CCR §10600CCR §10605CCR §10940CCR §10615CCR §10787CCR §10786

Summary

Applicant John Alarcon sustained an industrial cumulative injury through November 8, 1993 to his lower back, bilateral knees, and psyche while working as a forklift operator. The WCJ's March 9, 2026 F&A found 94.50% PPD without apportionment, found internal injury non-industrial (despite a trial stipulation that internal injury was industrial), and awarded temporary disability from May 25, 2010 to present. Both applicant and defendant sought reconsideration—applicant arguing his incontinence/internal injury was industrial and that vocational evidence established 100% permanent total disability, and defendant arguing TD should have ceased at P&S in 2011 and that the AMEs' apportionment opinions were substantial evidence. The Board granted both petitions, finding the WCJ's Reports agreed with certain corrections but were 'cursory' and non-compliant with Hamilton. The Board rescinded the F&A and remanded for a complete opinion addressing PTD, apportionment, and defendant's credit for TD overpayment.

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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