WCPanelIQ
PanelDenied

Pineda, Suyapa

SUYAPA PINEDA, Applicant vs. L.A. KOREANA, INC., YHB LONG BEACH, dba HOLIDAY INN LONG BEACH AIRPORT; EVEREST NATIONAL INSURANCE COMPANY as adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ12089372
Decision date
Dec 17, 2024
District office
Pomona
WCJ
—
Claim administrator
Sedgwick Claims Management Services (adjusting for Everest National Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: fingers, upper extremities, back, shoulders, knees, head, lower extremities, circulatory system, nervous system

LC §3202.5LC §5708LC §5709LC §5900

Summary

Applicant Suyapa Pineda filed two separate cumulative trauma claims against the same employer: ADJ10870218 (May 17, 2016 to May 17, 2017) involving orthopedic injuries, and ADJ12089372 (February 15, 2018 to February 15, 2019) involving a 'stroke case' with circulatory and nervous system injuries, in which Everest National Insurance was the carrier. A Compromise and Release settled only the first case for $45,000; Everest was not a party to that C&R. Everest sought reconsideration arguing the C&R as written barred applicant's second claim. The WCAB affirmed the WCJ's Joint Findings and Award, holding there was no meeting of the minds to settle the second case, that Everest lacked standing to litigate the terms of an agreement to which it was not a party, and that applicant was not barred from pursuing ADJ12089372. The Board amended only the F&A to correct a clerical error regarding Everest's coverage dates (December 31, 2017 through December 21, 2019).

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.