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CASE SUMMARY
On 3/24/06, Hernandez was working as an auto detailer for Pearson Ford located
in San Diego, CA. On this date, he sustained injury to his left middle finger,
left arm and left upper back due to a trunk slamming closed onto his left hand.
Over the course of the claim, he added psychiatric injury relating it to this
injury.
He constantly complained of extreme, intense burning pain in his left upper
extremity. He eventually was diagnosed with Complex Regional Pain Syndrome
(CRPS). His treating doctor concluded that his left arm was totally unusable.
Hernandez claims he always wore a splint on his left arm. Psychiatrically, he
stated to his doctor on 8/4/08 that he is unable to drive his car for fear of
chest pains and that he cannot touch the steering wheel with his left hand.
On 11/24/09, he saw a different doctor who reported that Hernandez essentially
has no functional use of his left arm. Hernandez claimed that he always keeps
the arm at his side and always wears the sling because of severe pain. He saw
this doctor again on 1/11/10, 2/18/10, 3/9/10 and 4/26/10 with the same
complaints.
Alex LaCombe of the Roseville office ordered surveillance to be conducted on the
above dates of the appointments with this new doctor. Video obtained showed
Hernandez only wearing his sling to and from the doctor’s office. When getting
into his car, he is seen taking off his sling and operating his vehicle with no
restriction. On 2/18/10, he was followed to an appliance shop where he was
videotaped loading a washer into the back of his hatchback vehicle, which was a
trick by itself.
His family lived in Tijuana so he often drove back and forth across the
border without wearing the sling.
The doctor’s deposition was taken on 10/20/10 after he was shown the
video. The doctor concluded that Hernandez was not truthful regarding his
physical limitations. Hernandez was attempting to claim 100% disability.
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