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PanelDenied

Aragon, Jorge

JORGE ARAGON, Applicant vs. EL SUPER, insured by SAFETY NATIONAL CASUALTY CORPORATION, administered by TRISTAR RISK MANAGMENT, Defendants

ADJ number: ADJ11110973
Decision date: May 22, 2025
District office: Los Angeles
WCJ: —
Claim administrator: TRISTAR Risk Management (administering for Safety National Casualty Corporation)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cumulative trauma (body part unspecified)

LC §139.48LC §4658.7LC §5309LC §5310LC §5412LC §5701LC §5803LC §5804LC §5900LC §5950LC §3202CCR §17300CCR §17302CCR §17303CCR §17309CCR §10133.54

Summary

Applicant Jorge Aragon sought a second Return-to-Work Supplement Program (RTWSP) payment in connection with a cumulative trauma injury (6/30/2014–10/28/2015) settled by C&R, after which he received an SJDB voucher on 8/10/2021. He had previously received a $5,000 RTWSP payment in connection with a separate 2014 claim (ADJ9498967). The RTWSP denied the second payment under Rule 17302(b), which bars subsequent payments unless the voucher arises from an injury occurring after receipt of every prior RTWSP payment. The Appeals Board found it had jurisdiction to hear the appeal (rejecting RTWSP's argument that review stops at the trial level), but declined to invalidate Rule 17302(b), holding that the proper remedy to challenge the regulation's validity lies in Superior Court under the APA. The Board affirmed the WCJ's August 15, 2023 Findings and Order denying the second RTWSP payment.

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.