Home/Case Law/FREDDIE BANUELOS vs. ROBERT BERCU, STATE FARM FIRE AND CASUALTY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
Regular DecisionRegular Panel Decision

FREDDIE BANUELOS vs. ROBERT BERCU, STATE FARM FIRE AND CASUALTY COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Filed: Apr 24, 2023
Pomona
ADJ12672803, ADJ12979844, ADJ12673709

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of three prior decisions, affirming the dismissal of the post-termination defense for a right knee injury (ADJ12979844) and a cumulative trauma psychiatric injury claim (ADJ12673709), finding employer knowledge prior to termination. However, the Board amended the decision for a cumulative orthopedic injury claim (ADJ12672803), deferring the finding of industrial injury pending further development of the record regarding specific body parts and treatment needs. The Board also clarified that no psychiatric injury was found to date in ADJ12673709, and arguments regarding medical evidence for that claim were premature.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of three prior decisions, affirming the dismissal of the post-termination defense for a right knee injury (ADJ12979844) and a cumulative trauma psychiatric injury claim (ADJ12673709), finding employer knowledge prior to termination. However, the Board amended the decision for a cumulative orthopedic injury claim (ADJ12672803), deferring the finding of industrial injury pending further development of the record regarding specific body parts and treatment needs. The Board also clarified that no psychiatric injury was found to date in ADJ12673709, and arguments regarding medical evidence for that claim were premature.

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