WCPanelIQ
PanelMed-legalDenied

Matias, Josephine

JOSEPHINE MATIAS, Applicant vs. QUEST DIAGNOSTICS; TRAVELERS INSURANCE, Defendants

ADJ number
ADJ10591850
Decision date
May 8, 2024
District office
Van Nuys
WCJ
Randal Hursh
Claim administrator
Travelers Insurance
Commissioners
—

Injury / body parts: neck, low back, bilateral wrists (carpal tunnel syndrome), bilateral shoulders, psyche/nervous system, headaches, diabetes, hypertension

LC §5701LC §5502LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant, a lead phlebotomist for Quest Diagnostics, claimed cumulative trauma injuries to her neck, low back, bilateral wrists, and bilateral shoulders (admitted AOE/COE), and additionally claimed injury to the psyche/nervous system, headaches, diabetes, and hypertension. The WCJ found the record insufficient on the disputed body parts and ordered the parties to develop the record by meeting and conferring on AMEs in the appropriate specialties. Defendant sought reconsideration, arguing the WCJ should not develop the record because applicant failed to meet her burden of proof and Labor Code section 5502 limits the WCJ's authority under section 5701. The Board treated the petition as one for removal because it challenged only an interlocutory order, and found that evidence of the disputed injuries already existed in the record via the orthopedic AME's (Dr. Feiwell) review of Dr. Petruszka's reports. The Board denied the petition, adopting the WCJ's Report.

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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