Ramon Mendoza Lopez vs. City Of San Mateo, Permissibly Self-insured, Administered By Lwp Claims Solutions, Inc.

. In this case, Ramon Mendoza Lopez, an employee of the City of San Mateo, permissibly self-insured and administered by LWP Claims Solutions, Inc., sustained an admitted injury to his left knee while employed as a landscape maintenance worker. The parties stipulated that the Panel QME's report rated the injury as 42% permanent disability, with no apportionment to non-industrial causes. The PQME later changed his mind and attributed 20% of the disability to non-industrial causes, but the Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the PQME failed to provide an adequate explanation for the apportionment. The Board ordered that the applicant be awarded the full

City of San Mateo, permissibly self-insured, administered by LWP Claims Solutions, Inc. Ramon Mendoza Lopez WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIARAMON MENDOZA LOPEZ, Applicantvs.CITY OF SAN MATEO, permissibly self-insured, administered by LWP CLAIMS SOLUTIONS, INC., DefendantsAdjudication Number: ADJ10567935 San Francisco District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate as follows, we will deny reconsideration. , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD/s/ JOSÉ H. RAZO, COMMISSIONER__________I CONCUR,/s/ CRAIG SNELLINGS, COMMISSIONER_____/s/ ANNE SCHMITZ, DEPUTY COMMISSIONERDATED AND FILED AT SAN FRANCISCO, CALIFORNIA January 22, 2021SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.RAMON MENDOZA LOPEZ GALE SUTOW PETER GIMBELAS/bea , REPORT AND RECOMMENDATION ONPETITION FOR RECONSIDERATIONA. INTRODUCTION 1. IDENTITY OF PETITIONER: Defendant 2. TIMELINESS: Petition was timely filed. 3. VERIFICATION: A verification is attached. 4. DATE OF INJURY (DOI): 6/17/2015 5. MECHANISM OF INJURY: Applicant fell and knee struck trailer hitch 6. BODY PARTS INJURED: Left knee 7. OCCUPATION AT DOI: Landscape Maintenance 8. PETITIONER’S CONTENTIONS: The WCJ erred by not following the PQME’s apportionment of 25% to non-industrial causes.B. DISCUSSION – RESPONSE TO DEFENDANT’S CONTENTION            The response to defendant’s contentions that I should have followed PQME’s apportionment of 25% to non-industrial causes set forth in my Opinion on Decision set forth below:OPINION ON DECI

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.