MIRNA QUINTANILLA, Applicant vs. JOHNNY WAS, LLC; MASSACHUSETTS BAY INSURANCE COMPANY, administered by THE HANOVER INSURANCE GROUP; TRAVELERS, Defendants
ADJ number
ADJ12320337
Decision date
Apr 17, 2024
District office
Marina del Rey
WCJ
—
Claim administrator
The Hanover Insurance Group (administering Massachusetts Bay Insurance Company); Travelers Property Casualty Company of America
Applicant Mirna Quintanilla, a warehouse worker/sewing machine operator for Johnny Was, LLC, was found by the WCJ to have sustained a cumulative trauma injury to multiple orthopedic body parts (October 1, 2012 through May 28, 2019) and a separate-dated cumulative psyche injury (May 28, 2018 through May 29, 2019). Defendant Travelers petitioned for reconsideration, arguing (1) the evidence supported two separate orthopedic cumulative traumas, the first ending January 30, 2017, (2) the psyche injury should carry the same date of injury as the orthopedic injury, and (3) a comprehensive orthopedic PQME report was needed. The Board affirmed the single orthopedic cumulative trauma injury, finding Travelers failed to meet its burden of proving a separate earlier CT under section 5412 because applicant's testimony regarding her knowledge of industrial causation was inconclusive. The Board agreed the psyche injury was a compensable consequence of the orthopedic injury and amended the date of injury to match. The Board rejected the request for a new orthopedic PQME, noting Travelers' chronology was unsupported by the record and that it violated Rule 10945(b) by failing to cite the record specifically.
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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