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Joseph Gutierrez — ADJ21248340

JOSEPH GUTIERREZ, Applicant vs. BARRETT BUSINESS SERVICES, INC.; ACE AMERICAN INSURANCE COMPANY, administered by CORVEL, Defendants

ADJ number: ADJ21248340
Decision date: Oct 15, 2026
District office: Sacramento
WCJ: —
Claim administrator: CorVel (administrator for ACE American Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lower back, right leg, lumbar spine

LC §5909LC §5900LC §3600LC §3202.5LC §5903LC §5952LC §5313LC §5502LC §4062.3CCR §10600CCR §10761

Summary

Applicant Joseph Gutierrez, a groundsman, claimed a specific injury to his lower back and right leg on June 25, 2025, while lifting/moving heavy tree trunks. The WCJ found injury AOE/COE based on the credible testimony of applicant and the reporting of orthopedic PQME Dr. Zachary Lum, who found industrial causation within reasonable medical probability supported by MRI and EMG/NCV findings (L3-4 disc extrusion with right lumbar radiculopathy). Defendant sought reconsideration contending applicant lacked credibility and that post-trial sub rosa video undermined his credibility. The Board denied reconsideration, finding substantial evidence supported the AOE/COE finding, noting defendant failed to present witnesses (including supervisor Eli) at trial, and that the late sub rosa video was neither timely nor relevant to the AOE/COE issue since nature and extent of disability was deferred.

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.