WCPanelIQ
PanelMed-legalGranted in Part

Jose Valencia — ADJ16705157

JOSE VALENCIA, Applicant vs. ALOHA ISLAND GRILL, INC.; TRUCK INSURANCE EXCHANGE, Defendants

ADJ number
ADJ16705157
Decision date
Sep 13, 2026
District office
San Jose District Office
WCJ
—
Claim administrator
Farmers (administering for Truck Insurance Exchange)
Commissioners
CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: upper back, neck, right shoulder, cervical headache, right knee

LC §5909LC §5900LC §5813CCR §10945CCR §10972CCR §10600CCR §10600(b)

Summary

Applicant Jose Valencia, a dishwasher, sustained stipulated industrial injury to his upper back, neck, right shoulder, and in the form of cervical headache on May 26, 2022, with 46% permanent disability. The only contested issues at trial were industrial injury and further medical treatment to the right knee, which the WCJ found non-industrial. Applicant sought reconsideration via a skeletal one-sentence petition that failed to comply with Rule 10945. Although the Board agreed the current record did not support industrial injury to the right knee, it granted reconsideration to defer those issues (rather than affirm the denial) because the medical record contained no discussion of industrial causation of the knee complaints, triggering the WCAB's duty to develop the record. The Board amended the decision to defer the right-knee injury and treatment issues with jurisdiction reserved, reminding applicant that he bears the burden of proving industrial causation on remand.

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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