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Wednesday, September 30, 2026

California painter seeks workers' compensation from reluctant employer - HRD America

Manufacturing firm claims no substantial evidence of work-related injuries

The workers’ compensation administrative law judge should utilize expert medical opinion when deciding a medical issue, including whether there was a cumulative injury, and should not disregard a medical expert’s conclusion on matters requiring medical knowledge, a recent ruling said.

The applicant in the case of Menchaca vs. Hedman Manufacturing Company; American Automobile Insurance Company claimed that he sustained injury to his knees, shoulders, ankles, back, neck, hands, and fingers while the defendant employed him as a painter from Aug. 2, 2018 to Aug. 2, 2019.

The applicant alleged that, while working for the defendant, he engaged in the continuous lifting of items, the heaviest of which weighed 70 pounds. The defendant denied workers’ compensation benefits on the basis that there was no substantial evidence of work-related injuries.

Read more: California painter denied workers' comp for permanent disability

The applicant’s primary treating physician found it reasonable to conclude that industrial injury was the primary contributory causative factor of injury and impairment. The panel qualified medical evaluator made a similar conclusion.

The workers’ compensation administrative law judge ruled that the applicant should receive nothing since he did not sustain injury arising out of and in the course of employment (AOE/COE) to various body parts during that period. The applicant asked for...



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