Whitaker V. Jorge Soriano's Case

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The applicant testified there were no witnesses to this incident. He claimed he believed he informed the companies supervisor, Mr. Greg Whitaker, the next day. However, as you know, there was a delay in medical treatment. I questioned the applicant regarding this delay. The applicant claimed it was the carrier’s responsibility to make an appointment and claimed he initially requested medical treatment the day after the date of injury.

I confirmed with the applicant on numerous occasions and the applicant claimed he only experienced symptoms to his right shoulder with respect to this date of injury. As you know, the applicant is also alleging an injury to the neck for this date of injury, but based on the deposition testimony, I believe the
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Jorge Soriano.

The applicant testified he developed pain in the afternoon on the same day of the injury he testified he is only experiencing pain to the lower back and his neck.

The applicant claimed he did request treatment and had communicated such request to the insurance carrier, but the response he received from the doctor as well as the carrier was they needed to focus on the treatment for the right shoulder before they could address the back and neck injury. I believe there may have been a miscommunication amongst the insurance carrier, the doctor and the applicant. I suspect the doctor was under the impression they were only authorized to treat the right should injury because this is a separate claim.

Based on my review of the medical records, I do not see any specific documentation of the August 1, 2016 incident. However, a complaint of the back pain was documented throughout the report but not significantly. I note there is a report dated October 7, 2016 which briefly mentions a fall and forceful rotation, which I believe is describing the August 1, 2016 date of
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The applicant’s car was totaled. The applicant sought treatment with Dr. Dennis Robertson who I believe operates out of Northwest Chiropractic in Fresno, California. I believe Dr. Robertson is applicant’s primary treating physician. The applicant was referred to San Joaquin Accident & Medical Group, Inc. and treated with Dr. Charles Lewis. I believe Dr. Charles Lewis issued a permanent and stationary report on or about January 20, 2009 with an indication with future medical care to the right shoulder including an MRI of the right shoulder. The applicant’s complaints at the time of the report dated January 20, 2009 was “moderate neck pain, mild to moderate mid-back pain, moderate to severe low back pain, and moderate to severe right shoulder

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