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PanelQMEMed-legalGranted in Part

Alvarez, Romana

ROMANA ALVAREZ, Applicant vs. SKYLINE HEALTHCARE AND WELLNESS CENTER LLC; COMPWEST INSURANCE COMPANY, Defendants

ADJ number: ADJ12758878
Decision date: Feb 19, 2024
District office: Los Angeles
WCJ: —
Claim administrator: CompWest Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: thoracic spine, lumbar spine, right shoulder, left shoulder, right wrist, left wrist, right knee, left knee

LC §3600LC §3208LC §3208.1LC §5401LC §4060LC §4061LC §4062.3LC §4663LC §5412LC §5813LC §6302CCR §10945CCR §10972CCR §10421

Summary

Applicant Romana Alvarez, a housekeeper, alleged a cumulative trauma injury during October 25, 2018 through October 25, 2019. The WCJ found industrial injury to the thoracic spine, left shoulder, and left knee with 43% permanent disability and rejected defendant's post-termination defense under Labor Code section 3600(a)(10). Defendant petitioned for reconsideration challenging AOE/COE, the post-termination defense, the 43% rating, apportionment, and denial of a QME deposition. The Board granted reconsideration only to amend Finding number 1 to conform to QME Dr. Perry's reporting—adding lumbar spine, both shoulders, both wrists, and right knee—and otherwise affirmed the F&A. The Board found Dr. Perry's reporting constituted substantial medical evidence and admonished defense counsel for violating WCAB Rule 10945 by failing to support evidentiary statements with specific record references.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.