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Case No. ADJ8070183, ADJ9326618

Regular

Nov 30, 2015

Carlos Vasquez vs. Trinet, American Home Assurance care of AIG

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior order, and found applicant sustained new and further disability in ADJ8070183 based on medical reports indicating worsening symptoms and temporary disability. The Board also remanded ADJ9326618 for further development of the record regarding applicant's cumulative trauma claim, as the existing medical evidence was insufficient. The case will return to the trial level to determine the nature and extent of disability and to fully evaluate the cumulative trauma claim.

Petition for ReconsiderationNew and Further DisabilityCumulative TraumaPrimary Treating PhysicianMedical EvidenceWCJAgreed Medical ExaminerQualified Medical EvaluatorStatute of LimitationsPermanent Disability

References

Case No. ADJ8070183 ADJ9326618

Regular

Feb 17, 2016

CARLOS VASQUEZ vs. TRINET, AMERICAN HOME ASSURANCE

This case involves a defendant seeking reconsideration of a prior Board decision that found applicant sustained new and further disability from a January 7, 2009 injury and allowed further development of the medical record for a cumulative trauma claim. The defendant argued the treating physicians' reports were not substantial evidence for new and further disability and that there was insufficient evidence to reopen the cumulative trauma claim. The Board denied reconsideration, reaffirming its prior decision based on substantial medical evidence, and noting that the absence of an officially designated primary treating physician does not invalidate the relied-upon medical opinions. The Board further clarified that an Agreed Medical Examiner can be used for further evaluation of the cumulative trauma claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationNew and Further DisabilityCumulative Trauma InjuryJoint Findings of Fact and OrderSubstantial EvidenceAgreed Medical ExaminerQualified Medical EvaluatorPrimary Treating PhysicianNon-Substantial Evidence

References

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Carlos Vasquez vs. Trinet, American Home Assurance care of AIG

CARLOS VASQUEZ vs. TRINET, AMERICAN HOME ASSURANCE