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PanelGranted in Part

Cresencio Pantoja — ADJ13684015, ADJ12299056

CRESENCIO PANTOJA, Applicant vs. UNITED PARCEL SERVICE; LIBERTY MUTUAL INSURANCE, Defendants

ADJ number: ADJ13684015, ADJ12299056
Decision date: Sep 13, 2026
District office: San Jose
WCJ: —
Claim administrator: Liberty Mutual Insurance
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine (neck), low back, bilateral lower extremities

LC §5909LC §5900LC §5001LC §5000LC §5002LC §5003CCR §10600CCR §10700

Summary

Applicant Cresencio Pantoja had two claims: a low back/bilateral lower extremities cumulative trauma claim (ADJ12299056) that was resolved by a Compromise and Release, and a cervical spine claim (ADJ13684015). Defendant argued the broad release language in the C&R for ADJ12299056 barred the neck claim. The Appeals Board previously found the neck claim was not barred, and defendant sought reconsideration. The Board held that C&R Paragraph No. 3's incorporation of Paragraph No. 1's specificity requirement controlled over broad release language, and since the neck was not identified with specificity, it was not settled. The Board granted reconsideration solely to correct a clerical error in Finding of Fact No. 1 regarding the claimed dates of injury, and otherwise affirmed its prior decision.

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.