JESSICA LEIVA, Applicant vs. PORTO’S BAKERY; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants
ADJ number
ADJ16066568
Decision date
May 16, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—
Injury / body parts: left knee, left foot, left ankle (deferred), left great toe (deferred), teeth (deferred), heart (deferred), high blood pressure (deferred), weight gain (deferred), psyche (deferred)
LC §4453LC §3202.5LC §5705LC §5900CCR §10842
Summary
Jessica Leiva, a quality assurance technician at Porto's Bakery, sustained an industrial injury to her left knee and foot on March 8, 2022. The WCJ found her temporarily disabled from May 18, 2023 through August 30, 2023, set her average weekly wage at $752.66 (TD rate $501.77), found that Dr. Bertoldi was not in defendant Travelers' MPN and that defendant did not deny or neglect medical care, and awarded a 10% attorney's fee. Applicant sought reconsideration challenging the MPN finding, the AWW calculation, the alleged lack of MPN notice, and the attorney's fee. The Board denied reconsideration, holding applicant failed to carry her burden on MPN notice and earnings, and declined to consider the request for increased fees due to noncompliance with Rule 10842.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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