FREDDI CALVA SUAREZ, Applicant vs. THIRD CANCUN JUICE, AMGUARD INSURANCE COMPANY as administered by GUARD INSURANCE COMPANIES, Defendants
ADJ number
ADJ13898519
Decision date
Jun 15, 2025
District office
Van Nuys
WCJ
Adam D. Graff
Claim administrator
GUARD Insurance Companies (administering for AmGUARD Insurance Company)
Commissioners
—
Injury / body parts: right upper extremity, right knee, back, bilateral feet (plantar fasciitis)
LC §5909LC §5900CCR §10600
Summary
Applicant, a food preparer for Third Cancun Juice, claimed a cumulative trauma injury (Feb 1, 2014 to July 1, 2019) to his right upper extremity, right knee, back, and bilateral feet. The case was tried on AOE/COE only, submitted on the documentary record, pitting the primary treating physician's reporting (Dr. Haghighinia, D.C.) against the PQME (Dr. Kim, M.D.), who found no industrial injury. The WCJ found Dr. Haghighinia's February 16, 2021 report constituted substantial medical evidence and found injury AOE/COE, rejecting Dr. Kim's opinion as not credible because it dismissed the applicant's history and offered only speculation about alternative causes. The Appeals Board adopted and incorporated the WCJ's Report, addressed the timeliness of its decision under amended Labor Code section 5909, and denied defendant's Petition for Reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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