Home/Case Law/RAFAEL VASQUEZ vs. THE KROGER COMPANY DBA FOOD 4 LESS
Regular DecisionRegular Panel Decision

RAFAEL VASQUEZ vs. THE KROGER COMPANY DBA FOOD 4 LESS

Filed: May 18, 2018
Van Nuys
ADJ9663211

CompFox AI Summary

This case involves a lien claimant's appeal after their liens were disallowed by the WCJ. The lien claimant argued their medical reports constituted substantial evidence for injury arising out of and in the course of employment (AOE/COE) and that the defendant's claim denial was untimely. The Appeals Board affirmed the WCJ's decision, finding the lien claimant's primary medical opinions were not substantial evidence because they were based on incomplete medical histories, failing to consider prior injuries and treatments adequately. Furthermore, the Board found the defendant's denial of the cumulative trauma claim was timely filed within the statutory 90-day period.

Full Decision Text1 Pages

This case involves a lien claimant's appeal after their liens were disallowed by the WCJ. The lien claimant argued their medical reports constituted substantial evidence for injury arising out of and in the course of employment (AOE/COE) and that the defendant's claim denial was untimely. The Appeals Board affirmed the WCJ's decision, finding the lien claimant's primary medical opinions were not substantial evidence because they were based on incomplete medical histories, failing to consider prior injuries and treatments adequately. Furthermore, the Board found the defendant's denial of the cumulative trauma claim was timely filed within the statutory 90-day period.

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RAFAEL VASQUEZ vs. THE KROGER COMPANY DBA FOOD 4 LESS (2018) – Van Nuys | CompFox