Home/Case Law/FAUSTINO AGUILAR ARIAS vs. AGR CONTRACTING, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP
Regular DecisionDecision After Reconsideration

FAUSTINO AGUILAR ARIAS vs. AGR CONTRACTING, STAR INSURANCE COMPANY, MEADOWBROOK INSURANCE GROUP

Filed: Apr 28, 2023
Fresno
ADJ9916195

CompFox AI Summary

The Appeals Board affirmed the denial of the applicant's cumulative trauma injury claim, finding the WCJ properly relied on Dr. Bhatia's medical opinion which contradicted the applicant's expert. The Board also determined the statute of limitations issue was moot as to the cumulative trauma claim because no injury was found. However, the Board amended the decision to defer the issue of a specific injury, as this claim potentially involves different body parts and requires further WCJ determination. The case is returned to the trial level for proceedings on the specific injury claim.

Full Decision Text1 Pages

The Appeals Board affirmed the denial of the applicant's cumulative trauma injury claim, finding the WCJ properly relied on Dr. Bhatia's medical opinion which contradicted the applicant's expert. The Board also determined the statute of limitations issue was moot as to the cumulative trauma claim because no injury was found. However, the Board amended the decision to defer the issue of a specific injury, as this claim potentially involves different body parts and requires further WCJ determination. The case is returned to the trial level for proceedings on the specific injury claim.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.