SOON HEE HWANG, Applicant vs. KOREAN RED GINSENG COMPANY; OAK RIVER INSURANCE COMPANY, administered by BERKSHIRE HATHWAY HOMESTATE COMPANIES, Defendants
ADJ number
ADJ15359587
Decision date
Mar 2, 2025
District office
Santa Ana
WCJ
Oliver Cathey
Claim administrator
Berkshire Hathaway Homestate Companies (administering for Oak River Insurance Company)
Lien claimants WestStar Physical Therapy and WSPT Network sought reconsideration of a WCJ's F&O that found applicant Soon Hee Hwang did not sustain an industrial injury and disallowed their liens. The WCJ had concluded that QME Dr. Bolling's report was not substantial evidence because the detailed physical job duties described in the report did not match the stipulated 'office manager' occupation (occupational group 111), creating a discrepancy that undermined the accuracy of applicant's reported history. The Appeals Board majority disagreed, holding that the WCJ engaged in 'overly technical reliance on stipulated occupation numbers' and that Dr. Bolling provided a detailed, credible list of job duties while being aware applicant was a manager. The Board found Dr. Bolling's report constituted substantial evidence sufficient to establish AOE/COE. The Board granted reconsideration, rescinded the F&O, substituted a new F&O finding injury AOE/COE, and deferred the remaining lien issues. Commissioner Razo dissented, adopting the WCJ's Report.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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