ANDRES APODACA, Applicant vs. BOBCAT CENTRAL, INC.; INSURANCE COMPANY OF THE WEST, Defendants
ADJ number
ADJ12491336
Decision date
May 14, 2025
District office
Fresno
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
JOSÉ H. RAZO, COMMISSIONER
Injury / body parts: sacrum, low back, lumbar spine, left thigh, left leg, left foot, circulatory system, psyche, left lower extremity (below-knee amputation)
LC §5813LC §5814LC §5702LC §5900LC §5909
Summary
Applicant Andres Apodaca suffered a specific injury on June 8, 2019 when he fell while loading a Bobcat, eventually leading to a below-knee amputation of his left leg. The WCJ found injury AOE/COE to multiple body parts, awarded 73% permanent disability, retroactive TD from 11/15/19 to 10/10/23, and imposed a $10,000 penalty under section 5814. Defendant sought reconsideration challenging the penalty and the TD period. The Board granted reconsideration, struck the $10,000 penalty because defendant relied on a treating physician opinion that the vascular condition was nonindustrial (rendering its delay reasonable), but affirmed the rest of the decision, including the finding that the QME's apportionment opinion was not substantial medical evidence and that MMI was not reached until 10/10/23 despite a contrary stipulation. Commissioner Razo dissented on the apportionment issue.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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