ADJ15480882 — California WCAB decision

What the panel ordered

Petition for Reconsideration granted; Findings and Award affirmed except amended to remove UEBTF from Award

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Temporary disabilityApplicant prevailedright hand · right index finger · right long finger · psyche/PTSD

Substantial medical evidence from QME Dr. Peter Mandell and QME Dr. Alberto Lopez supports injury, temporary disability, and need for medical treatment; applicant's credible testimony supports earnings and employment.

From the decision · page 11D. The Findings of Fact are Based on Substantial Evidence Findings number 1, 4, and 5 pertaining to the injury, need for temporary disability and need for medical treatment are based on the QME Dr. Peter Mandell for orthopedic body parts and QME Dr. Alberto Lopez for psychiatric injury. (Exhibits 1-5.) Finding number 3, applicant's earnings, are based on his testimony summarized above. As such, there is substantial medical evidence to support the Findings of Fact in this case.

Jurisdiction / venue

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

UEBTF did not timely appeal the Order of Joinder issued on 06-14-2022 and actively participated in the case thereafter

Favours Applicant prevailed

This conduct waived UEBTF's objections to joinder and supported affirming the Findings and Award

From the decision · page 9A. UEBTF's Failure to Appeal the Order of Joinder of 06-14-2022 and Subsequently UEBTF Actively Participated in This Case so UEBTF Should Not Be Dismissed at This Late Date

Favours Applicant prevailed

Supported the award of temporary disability indemnity and medical treatment

From the decision · page 8Applicant appeared with his attorney in person at DWC Oakland for Expedited Hearing on 05-23-2023. Applicant testified credibly under that his employer was Francisco who goes by Francisco Ramirez. (MOH/SOE 05-25-2023 at page 5/lines 13-26.) On September 25, 2021, applicant injured the fingers on his right hand when he was carrying some trunks to the chipper and he fell. (Id.) When he fell, he dropped the trunk he was carrying which struck his fingers on his right hand. (Id.) He had surgery on his right hand, specifically his index finger and middle finger, and the surgery involved a partial amputation of the right index finger. (Id.)

QME reports from Dr. Peter Mandell and Dr. Alberto Lopez provided substantial medical evidence of injury, disability, and need for treatment

Favours Applicant prevailed

Supported the Findings of Fact and Award

From the decision · page 11D. The Findings of Fact are Based on Substantial Evidence Findings number 1, 4, and 5 pertaining to the injury, need for temporary disability and need for medical treatment are based on the QME Dr. Peter Mandell for orthopedic body parts and QME Dr. Alberto Lopez for psychiatric injury. (Exhibits 1-5.) Finding number 3, applicant's earnings, are based on his testimony summarized above. As such, there is substantial medical evidence to support the Findings of Fact in this case.

ADJ15480882 · October 10, 2023

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

What the panel did with the medical opinions

The rules the panel named

What proof carried it

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