WCPanelIQ
PanelQMEMed-legalGranted in Part

Ismael Barrera Miron — ADJ20175876

ISMAEL BARRERA MIRON, Applicant vs. PARTNERS PERSONNEL; LIBERTY MUTUAL INSURANCE, administered by CORVEL CORPORATION, Defendants

ADJ number
ADJ20175876
Decision date
Aug 27, 2026
District office
Pomona
WCJ
—
Claim administrator
CorVel Corporation (administering for Liberty Mutual Insurance)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: neck, shoulders, upper back, cervical spine, thoracic region

LC §5909LC §5900LC §4656LC §5705LC §4650LC §4453LC §5902LC §5813CCR §10600CCR §10152CCR §9785CCR §10945CCR §10421

Summary

Applicant Ismael Barrera Miron sustained a specific injury on September 24, 2024 to his neck and shoulders when a box fell on him while working as a Warehouse Associate. The WCJ found his average weekly wage was $970.00 and awarded temporary total disability for two 45-day periods at $646.67 per week, rejecting defendant's reliance on prior PTP Dr. Chun's June 9, 2025 MMI report in favor of PQME Dr. DuBois's and PTP Dr. Gao's reporting. Defendant sought reconsideration, arguing the wages should be $735.57 (based on a newly submitted wage statement) and that the WCJ erred in relying on DuBois and Gao to extend TD. The Board granted reconsideration only to correct clerical errors in the TTD end dates (October 2, 2025 and April 15, 2026) and to amend the award to run against the insurer rather than the employer, otherwise affirming the F&A. The Board found Dr. Chun's reports were not substantial evidence due to internal inconsistencies and lack of reasoning, and upheld the AWW calculation based on applicant's unrebutted testimony under Labor Code section 4453(c)(1). The Board also admonished defendant and its counsel for violating WCAB Rule 10945 by citing and attaching documents not admitted into evidence.

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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