WCPanelIQ
PanelQMEMed-legalLienGranted

Vargas, Maribel

MARIBEL VARGAS, Applicant vs. WORKFORCE MANAGEMENT GROUP, INC.; SOUTHEAST PERSONNEL LEASING, INC.; STATE NATIONAL INSURANCE COMPANY, administered by PACKARD CLAIMS ADMINISTRATION, INC., Defendants

ADJ number
ADJ17259034
Decision date
Jun 23, 2024
District office
Anaheim
WCJ
—
Claim administrator
Packard Claims Administration, Inc.
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, hand, trunk, back, unclassified, cervical spine, lumbar spine, bilateral wrists, bilateral feet

LC §5950LC §4628LC §5952LC §5907LC §5908LC §5908.5LC §5803LC §5901CCR §10964CCR §10945

Summary

Lien claimant Medland Medical petitioned for reconsideration of a WCJ decision finding that it failed to prove applicant Maribel Vargas sustained an industrial injury (AOE/COE) to multiple body parts during a continuous trauma period of September 26, 2020 through October 4, 2022. The WCJ awarded Medland $2,255.46 for the April 19, 2023 date of service (characterized as a medical-legal evaluation) plus a 25% penalty and interest, but disallowed remaining dates of service for medical treatment because injury was not established. Medland argued that the unrebutted medical-legal report of Dr. Omar Haghighinia, D.C., a certified QME, was the only substantial medical evidence and was sufficient to prove industrial injury. The Appeals Board granted reconsideration on a preliminary basis, finding it unclear whether the existing record was sufficient to support the WCJ's decision or whether further development of the record was necessary. The Board deferred issuance of a final decision after reconsideration pending further review of the merits and the entire record.

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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