WCPanelIQ
PanelMed-legalLienGranted

Juarez Osuna, Maria

MARIA JUAREZ OSUNA, Applicant vs. AA HOLDINGS, INC.; EMPLOYERS ASSURANCE COMPANY, Defendants

ADJ number
ADJ15278441
Decision date
Jan 26, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Employers Assurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, upper extremities, hands, arms, wrist, chest, internal system, pulmonary system, psyche

LC §5909LC §5900LC §5705LC §3600LC §5903LC §5952LC §4600LC §4610LC §4610.5LC §4601.5CCR §10964CCR §10600CCR §10517

Summary

Applicant Maria Juarez Osuna worked as a cook for AA Holdings, Inc. and claimed a cumulative trauma injury (April 15, 2021–October 10, 2021) to multiple body parts. The case-in-chief was settled by Compromise and Release, but the lien of Dr. Omid Haghighinia (through Medland Medical), her primary treating physician, was not resolved and proceeded to trial. The WCJ found that the lien claimant failed to establish injury AOE/COE and denied reimbursement. On reconsideration, the Board found Dr. Haghighinia's November 22, 2021 medical-legal report constituted substantial medical evidence of injury AOE/COE to the neck, upper extremities, hands, and arms, holding that the WCJ improperly conflated causation with apportionment. The Board granted reconsideration, amended the decision to find injury AOE/COE, deferred the issue of payment for treatment, and returned the matter to the WCJ to determine whether the treatment was reasonable and necessary and the amounts owing.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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