WCPanelIQ
PanelGranted

Orozco, Jacob

JACOB OROZCO, Applicant vs. COUNTY OF MONTEREY, permissibly self-insured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC., Defendants

ADJ number
ADJ19122773
Decision date
Mar 1, 2026
District office
Salinas
WCJ
—
Claim administrator
Intercare Holdings Insurance Services, Inc.
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: left ankle

LC §5405LC §5909LC §5900LC §5313LC §5814LC §5813LC §5903LC §5952

Summary

Applicant Jacob Orozco filed a claim alleging a specific injury to his left ankle on October 5, 2022, while employed by the County of Monterey. Defendant denied the claim as barred by the statute of limitations under Labor Code section 5405. At trial, no witnesses testified; instead, both parties submitted offers of proof regarding how applicant and a defense witness (Lizzy O'Keefe) would have testified. The WCJ found a compensable injury and that the claim was timely filed. The Appeals Board granted reconsideration, holding that the offers of proof on the crucial statute of limitations issue did not constitute substantial evidence because the WCJ could not make a proper credibility determination without observing witness demeanor, and rescinded the F&A and remanded for further proceedings.

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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