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PanelQMEMed-legalDenied

Santamaria, Elena

ELENA SANTAMARIA, Applicant vs. MAGIC MOUNTAIN LLC, dba SIX FLAGS MAGIC MOUNTAIN; PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, Administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ15168100
Decision date: Jul 31, 2024
District office: Van Nuys
WCJ: David L. Pollak
Claim administrator: CorVel Corporation, administering for Property and Casualty Insurance Company of Hartford
Commissioners: —

Injury / body parts: abdominal wall, psychiatric system

LC §5402LC §3208.3LC §5904LC §5701LC §5906CCR §10955

Summary

Applicant Elena Santamaria, a parking lot attendant, claimed industrial injury to her abdominal wall and psychiatric system. The WCJ found a compensable abdominal wall injury and presumptive compensability under Labor Code section 5402, but deferred the psychiatric injury issue and ordered development of the record because the QME psychiatric report of Dr. Grewal was conclusory on causation. Defendant sought reconsideration, arguing applicant failed to meet her burden under section 3208.3 and that the WCJ improperly cited Rolda v. Pitney Bowes. The Appeals Board, treating the petition under the removal standard because defendant challenged only interlocutory development-of-record findings, denied the petition, adopting the WCJ's Report. The Board found no significant prejudice or irreparable harm warranting removal.

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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Similar decisions

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.