WCPanelIQ
PanelQMEMed-legalGranted in Part

Lowe, Shalanski

SHALANSKI LOWE, Applicant vs. CSU EAST BAY, PERMISSIBLY SELF-INSURED, administered by SEDGWICK CMS, Defendants

ADJ number
ADJ14330494
Decision date
Dec 18, 2023
District office
Oakland
WCJ
—
Claim administrator
Sedgwick CMS (administering for CSU East Bay, permissibly self-insured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: thoracic spine, lumbar spine, bilateral hips, left hand, left wrist, left shoulder, head, concussion, eyes, vision (convergence disorder), psyche

LC §3208.3LC §3202LC §3602LC §5300LC §5301LC §5402LC §5701LC §5803LC §5900LC §5901LC §5906LC §5907LC §5908.5LC §5909LC §5950LC §5952CCR §10206CCR §10206.3CCR §10962

Summary

Applicant Shalanski Lowe, a student assistant for CSU East Bay, sustained an admitted industrial injury on March 4, 2020 to her thoracic spine, lumbar spine, bilateral hips, left hand, left wrist, and left shoulder. The WCJ found applicant did not strike her head, did not sustain a compensable psychiatric injury (employed less than six months under Labor Code 3208.3(d)), and was not entitled to psychiatric treatment, while ordering development of the record on the eye/vision/convergence disorder claim. Applicant sought reconsideration, contending her claim was presumptively compensable, that the record supported head/vision injury, and that psychiatric treatment was necessary to cure or relieve effects of her industrial injury. The Board granted reconsideration, affirmed the WCJ's credibility determination that applicant did not strike her head, affirmed that the section 5402 presumption does not attach to amended body parts (concussion), but rescinded the finding on psychiatric treatment and remanded for development of the record under Bolton/Granado on whether nonindustrial psychiatric treatment was needed to cure or relieve the industrial injury.

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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