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PanelQMEMed-legalGranted in Part

Alejandro Martinez — ADJ17096552

ALEJANDRO MARTINEZ, Applicant vs. MODERNO PORCELAIN WORKS; G&A OUTSOURCING, INC.; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ17096552
Decision date: Sep 3, 2026
District office: San Diego
WCJ: —
Claim administrator: Zurich American Insurance Company
Commissioners: PAUL F. KELLY, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lungs, psyche

LC §4656LC §5500.5LC §5412LC §5405LC §3600LC §5909LC §4650CCR §9785

Summary

Applicant, a commercial porcelain fabricator, sustained a cumulative industrial injury to his lungs (silicosis) and psyche during employment ending November 21, 2021. Zurich sought reconsideration of a WCJ's Findings and Award, contesting liability, the section 5412 date of injury, the statute of limitations, and the continuous TTD award. The Board affirmed that the section 5500.5 liability period was the one year preceding November 21, 2021, that the date of injury was September 2, 2022, and that the statute of limitations defense failed. However, the Board granted reconsideration to amend the TTD period, finding applicant temporarily totally disabled from August 10, 2022 (the date of his hospitalization) through February 1, 2024 (45 days after Dr. Hendel's December 18, 2023 report), while deferring earlier and later periods of TTD for further development.

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.