Antelope Valley Union High School District, permissibly self-insured, administered by Corvel Corporation, Ricardo Barajas, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICARDO BARAJAS,Applicant,vs.ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, permissibly self-insured, administered by CORVEL CORPORATION,Defendants.Case Nos. ADJ9191721ADJ7337791(Van Nuys District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings, Award, and Order (F&A) issued in Case number ADJ9191721 by the workers’ compensation administrative law judge (WCJ) on August 23, 2017, wherein the WCJ found in pertinent part that applicant sustained injury to his bi-lateral shoulders and writs, left arm, low back, upper gastrointestinal system, and psyche, and in the form of hypertension on October 26, 2012, and that the injury caused 70% permanent partial disability.1 Defendant contends that the reports and deposition testimony of Dr. Sherman, the internal medicine panel Qualified Medical Evaluator (QME), are not substantial evidence that applicant sustained injury in the form of gastroesophageal reflux disease (GERD), and that they are not substantial evidence that the GERD caused 25% whole person impairment (WPI), so applicant did not meet his burden of proof regarding the overall level of disability caused by his injury. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. We received an Answer from applicant. We have considered the allegations in the Petition and the Answer and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we will deny reconsideration. 1 In Case number ADJ7337791, the WCJ found that applicant did not sustain any new or further disability and that applicant’s Petition to Reopen for New and Further Disability was denied. Neither party disputed th
Ricardo Barajas, vs. Antelope Valley Union High School District, Permissibly Self-insured, Administered By Corvel Corporation,
In this case, Ricardo Barajas, an employee of the Antelope Valley Union High School District, claimed injury to his bi-lateral shoulders and writs, left arm, low back, bi-lateral lower extremities, upper gastrointestinal system, and psyche, and in the form of hypertension and sleep disorder while employed by defendant as a para-special educator on October 26, 2012. After examining Barajas, the internal medicine panel Qualified Medical Evaluator (QME) determined that Barajas had gastroesophageal reflux disease (GERD) and that it caused 25% whole person impairment. After reviewing additional medical records, the QME reiterated his opinions regarding the cause of Barajas’ GER
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ9191721
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