WCPanelIQ
PanelQMEMed-legalDenied

Hernandez, Lorena

LORENA HERNANDEZ (Deceased), Applicant vs. ANGELA WHITE, an individual, doing business as LASHED LLC, Defendants

ADJ number
ADJ11373827
Decision date
Jul 23, 2024
District office
Van Nuys
WCJ
—
Claim administrator
—
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: various body parts, death

LC §5904LC §5909LC §3202LC §5901LC §5950LC §5952CCR §10955CCR §10605CCR §10600

Summary

Applicant Lorena Hernandez allegedly sustained industrial injuries on December 18, 2017, while employed by Angela White d/b/a Lashed LLC, resulting in her death on May 15, 2018. After a trial on defendant's objections to applicant's Exhibits 1-5 (text messages, a signed statement from the surviving spouse, and a proposed advocacy letter to the panel QME), the WCJ issued an F&O on January 18, 2024 overruling the objections and finding the exhibits admissible, along with a finding regarding employment. Defendant filed a petition styled as a Petition for Removal, arguing the WCJ failed to address its foundation, authentication, and due process objections. The Board determined the decision was a 'hybrid' (containing a threshold employment finding plus interlocutory evidentiary rulings), treated the petition as one for reconsideration, but applied the removal standard since defendant only challenged the interlocutory evidentiary rulings. The Board found the WCJ had in fact ruled on the objections and that defendant failed to show significant prejudice or irreparable harm, and denied the petition.

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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