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PanelQMEMed-legalDenied

Perez, Federico

FEDERICO PEREZ, Applicant vs. FIRST BAPTIST CHURCH OF WALNUT CREEK; WALNUT CREEK CHRISTIAN ACADEMY; CHURCH MUTUAL INSURANCE COMPANY, Adjusted by ATHENS, Defendants

ADJ number: ADJ18803348
Decision date: May 29, 2025
District office: Oakland
WCJ: Sarah B. Carr
Claim administrator: Athens Administrators (for Church Mutual Insurance Company)
Commissioners: —

Injury / body parts: right shoulder, right upper extremity

LC §5909LC §5900LC §5902LC §5813LC §3600LC §3202.5LC §3600CCR §10600CCR §10945CCR §10421

Summary

Federico Perez, a maintenance laborer, claimed a right shoulder injury on September 7, 2023 while starting a leaf blowing machine. The employer denied the claim and asserted a post-termination defense. After trial, the WCJ found defendants failed to meet their burden on the post-termination defense and that applicant established AOE/COE and a period of temporary disability. Defendants petitioned for reconsideration but repeatedly mischaracterized trial testimony and cited documents, a written statement, and deposition testimony not in the trial record, in violation of WCAB Rule 10945. The Appeals Board denied reconsideration, adopting the WCJ's Report, and admonished defendants and their attorney for failing to comply with applicable statutes and Board rules.

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.