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Applicant, Edwar Vanegas Gerena, a tree trimmer, sustained a severe injury to his left hand, neck, right shoulder, right arm, right upper extremity, and psyche. The Workers' Compensation Appeals Board denied defendant's petition for reconsideration of the July 16, 2025 Findings and Award. The WCAB affirmed the finding of permanent total disability, agreeing that the medical opinions from QMEs Dr. Rakkar and Dr. Alvarellos constituted substantial medical evidence and that the orthopedic and psychiatric impairments should be added due to a lack of overlap in their impact on daily living activities. The decision also addressed the applicability of Labor Code section 5909 regarding the timeliness of the Appeals Board's action on the petition.
EDWAR VANEGAS GERENA vs. COMMERCIAL TREE CARE, BARRETT BUSINESS SERVICES, INC., ACE AMERICAN INSURANCE COMPANY is a workers' compensation case decided in San Jose. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Jose.
Full Decision Text1 Pages
Applicant, Edwar Vanegas Gerena, a tree trimmer, sustained a severe injury to his left hand, neck, right shoulder, right arm, right upper extremity, and psyche. The Workers' Compensation Appeals Board denied defendant's petition for reconsideration of the July 16, 2025 Findings and Award. The WCAB affirmed the finding of permanent total disability, agreeing that the medical opinions from QMEs Dr. Rakkar and Dr. Alvarellos constituted substantial medical evidence and that the orthopedic and psychiatric impairments should be added due to a lack of overlap in their impact on daily living activities. The decision also addressed the applicability of Labor Code section 5909 regarding the timeliness of the Appeals Board's action on the petition.
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