Injury / body parts: left ankle, right knee, low back
LC §5909LC §5900CCR §10600CCR §9785
Summary
Applicant Sandra Giron Gutierrez, a hostess who sustained an admitted slip-and-fall injury on November 11, 2021, to her left ankle, right knee, and low back, sought temporary total disability (TTD) benefits from August 1, 2023, and continuing. The WCJ found her permanent and stationary/MMI as of July 31, 2023, based on the substantial report of the PQME, Dr. Osep Armagan, who found no period of TTD and only a period of TPD prior to MMI. Applicant petitioned for reconsideration, arguing she remained temporarily partially disabled. The Appeals Board adopted and incorporated the WCJ's report and denied reconsideration, finding applicant failed to meet her burden of proving entitlement to TTD/TPD with substantial medical evidence. The Board also addressed the timeliness of its decision under amended Labor Code section 5909, confirming it acted within 60 days of case transmission on July 17, 2024.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.