WCPanelIQ
PanelQMEMed-legalGranted

Garcia Solis, Irinea

IRINEA GARCIA SOLIS, Applicant vs. ANGEL'S JANITORIAL SOLUTIONS, INC.; SIRIUSPOINT AMERICA INSURANCE COMPANY administered by CORVEL, Defendants

ADJ number
ADJ13738554
Decision date
May 29, 2024
District office
Van Nuys
WCJ
—
Claim administrator
CorVel (administering for SiriusPoint America Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: left shoulder, lumbar spine, left knee, dental/jaw, sleep, psyche

LC §5903LC §5952LC §3600

Summary

Applicant Irinea Garcia Solis, a janitor, sought reconsideration of a WCJ's Findings and Order that denied her claim of injury AOE/COE to the left shoulder, lumbar spine, left knee, dental, sleep, and psyche, with the WCJ taking nothing on her claim. Applicant argued QME Dr. Rapoff's report was not substantial medical evidence because he lacked the LAC/USC Primary Care outpatient notes from May 3, 2019. The Board found that the absence of those notes alone was insufficient to defeat the report, but concluded that Dr. Rapoff failed to address whether applicant's April 20, 2019 accident lit up or aggravated her preexisting degenerative left shoulder and left knee conditions, leaving the record undeveloped. Because the orthopedic injury question required development, the Board likewise found the dental, sleep, and psyche claims required development. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.

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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