Dervis Espinal vs. Barrett Business Services, Permissibly Self-insured; Barrett Business Services/bbsi

Barrett Business Services, Permissibly Self-Insured; Barrett Business Services/BBSI Dervis Espinal , RELEVANT FACTS            Applicant filed two claims alleging that he sustained industrial injury while employed by defendant as a commercial driver. In Case No. ADJ7345282, he alleged that he sustained a specific injury to his back on April 16, 2010. In Case No. ADJ7288448. he originally alleged that he sustained a cumulative injury to his back, legs, unclassified and brain from March 17, 2010 to May 24, 2010. The cumulative trauma application was later amended to add a claim of psychiatric injury.            A mandatory settlement conference (MSC) took place on January 24, 2011. In the pre-trial conference statement, the parties stipulated that applicant was claiming an April 16. 2010 specific injury to his “thoracic spine, back, lumbar spine” and that he was claiming a cumulative injury from March 17, 2010 to May 24, 2010 to his “lumbar spine, thoracic spine, left leg.” The issues raised in both cases included industrial injury, earnings-applicant claimed earnings of $800.00 per week and defendant claimed earnings of $783.23 per week, and temporary disability from May 24, 2010 to the present and continuing. Defendant listed “deposition transcript for impeachment” as one of its exhibits for trial.            A trial was held on March 21, 2011. At the trial, it was stipulated that applicant was claiming an April 16, 2010 specific injury to his “lumbar spine and thoracic spine” and a cumulative injury from March 17, 2010 to May 24, 2010 to his “lumbar spine, thoracic spine, and left leg.” The issues were the same as those listed at the MSC. At trial, applicant submitted two medical reports from Peter A. Lucero, M.D. (Exhibits 1 and 2). Defendant submitted two denial letters (Exhibits A and B), a wage statement (Exhibit C) and an April 26, 2010 work status report (Exhibit D, for identification only). Exhibits 1, 2, A, B, and C were admitted into evidence. Applicant

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