Home/Case Law/ANGEL FLORES vs. THE KROGER COMPANY, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionReconsideration

ANGEL FLORES vs. THE KROGER COMPANY, ADMINISTERED BY SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Nov 23, 2020
Van Nuys
ADJ10075042

CompFox AI Summary

Defendant Kroger Company sought reconsideration of a Workers' Compensation Appeals Board decision awarding applicant Angel Flores benefits for bilateral knee and right shoulder injuries sustained as a maintenance worker from 1995 to 2015. The defendant argued the Qualified Medical Evaluator's (QME) opinion was not substantial evidence. The Board denied the petition, finding the QME's later reports, after clarifying applicant's 20-year work history and job duties, provided substantial evidence of cumulative trauma injury. The QME's initial opinion was based on a misunderstanding of applicant's symptom onset, which he later corrected after further evaluation.

Full Decision Text1 Pages

Defendant Kroger Company sought reconsideration of a Workers' Compensation Appeals Board decision awarding applicant Angel Flores benefits for bilateral knee and right shoulder injuries sustained as a maintenance worker from 1995 to 2015. The defendant argued the Qualified Medical Evaluator's (QME) opinion was not substantial evidence. The Board denied the petition, finding the QME's later reports, after clarifying applicant's 20-year work history and job duties, provided substantial evidence of cumulative trauma injury. The QME's initial opinion was based on a misunderstanding of applicant's symptom onset, which he later corrected after further evaluation.

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