WCPanelIQ
PanelQMEMed-legalDenied

Jorge MacHuca — ADJ17215880, ADJ22555704

JORGE MACHUCA, Applicant vs. MAR VISTA BERRY, II, INC.; TRAVELERS PROPERTY CASUALTY COMPANY administered by SEDGWICK, INC., Defendants

ADJ number
ADJ17215880, ADJ22555704
Decision date
Sep 17, 2026
District office
Goleta
WCJ
—
Claim administrator
Sedgwick, Inc. (administering Travelers Property Casualty Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: cervical spine, left shoulder, left wrist

LC §4663LC §5500.5LC §5702LC §5900LC §5909CCR §10600

Summary

Applicant Jorge MacHuca, a truck driver, sustained a specific industrial injury on October 12, 2022 to his cervical spine, left shoulder, and left wrist. The WCJ found 24% permanent disability with no basis for apportionment, rejecting the QME's apportionment analysis. Defendant petitioned for reconsideration, arguing the WCJ erred by not adopting the QME's apportionment opinions. The Board denied reconsideration, holding that the QME's apportionment analysis for the cervical spine (based on generic statistical probability of symptomatic vs. asymptomatic cohorts) and the left wrist (based purely on a mathematical division of employment length akin to a section 5500.5 cumulative trauma analysis) did not constitute substantial evidence under Escobedo. The Board emphasized that the parties stipulated the left wrist was part of the specific injury, not a cumulative trauma, and defendant failed to meet its burden of proving apportionment.

Issues

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Holding

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Analysis

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