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Indalecio Cruz — ADJ7814539, ADJ8102820, ADJ9099054, ADJ11057424

INDALECIO CRUZ, Applicant vs. D'ARRIGO BROS. CO., OF CALIFORNIA; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, administered by AIG CLAIMS SERVICES, INC.; JOSE HERNANDEZ, LLC; ALASKA NATIONAL INSURANCE, Defendants

ADJ number
ADJ7814539, ADJ8102820, ADJ9099054, ADJ11057424
Decision date
Sep 24, 2026
District office
Salinas
WCJ
—
Claim administrator
AIG Claims Services, Inc. (administrator for National Union Fire Insurance Company of Pittsburgh, PA); Alaska National Insurance
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: thoracic spine, lumbar spine, cervical spine, right shoulder, right wrist, gastrointestinal system (GERD), headaches, psyche, hips, low back

LC §3208.1LC §3208.3LC §3208.2LC §4660LC §4660.1LC §4663LC §4664LC §5412LC §5500.5LC §5502LC §5701LC §5903LC §5906LC §5952CCR §10325CCR §10455CCR §10517

Summary

Applicant Indalecio Cruz, a broccoli cutter, had four claimed injuries across multiple exposure periods, including a prior stipulated 29% PD award (ADJ7814539). The WCJ found all four were a single cumulative injury ending July 6, 2016, awarded 59% PD using the Combined Values Chart less credit for prior PD paid. Both applicant and defendant sought reconsideration—applicant challenging the single-injury finding, CVC use, and exclusion of psychiatric PD; defendant challenging the joint award and the failure to apply section 4664 apportionment by subtraction. The Board found AME Dr. Kaisler-Meza's single-injury opinion was not substantial medical evidence because it failed to apply the Coltharp/Austin analysis and failed to establish a section 5412 date of injury. The Board rescinded the F&A and remanded for development of the record on periods of injurious exposure, dates of injury, permanent disability, and apportionment.

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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