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The Workers' Compensation Appeals Board affirmed a WCJ's award of 95% permanent disability for industrial injuries sustained by Julio Balvaneda while employed as a gardener. The Board clarified that the specific number and dates of cumulative trauma injuries must be re-determined by the WCJ, as the record suggests a single continuous trauma due to ongoing treatment and work activities. The WCJ's finding of combined permanent disability was upheld, particularly concerning intertwined psychiatric and orthopedic impairments, referencing established case law. The matter was returned to the trial level for further proceedings on the cumulative trauma issue.
JULIO BALVANEDA vs. OPTIONS A CHILD CARE AND HUMAN SERVICES, EVEREST NATIONAL INSURANCE COMPANY, SPARTA INSURANCE COMPANY is a workers' compensation case decided in Los Angeles. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Los Angeles.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a WCJ's award of 95% permanent disability for industrial injuries sustained by Julio Balvaneda while employed as a gardener. The Board clarified that the specific number and dates of cumulative trauma injuries must be re-determined by the WCJ, as the record suggests a single continuous trauma due to ongoing treatment and work activities. The WCJ's finding of combined permanent disability was upheld, particularly concerning intertwined psychiatric and orthopedic impairments, referencing established case law. The matter was returned to the trial level for further proceedings on the cumulative trauma issue.
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