ANA MARROQUIN, Applicant vs. CHIPTON-ROSS STAFFING, INC.; ZURICH NORTH AMERICA, Defendants
ADJ number
ADJ11599995
Decision date
Mar 3, 2024
District office
Van Nuys
WCJ
Devine
Claim administrator
Zurich North America
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER
Injury / body parts: shoulder, back, knees, ankles, feet, hands
LC §5402
Summary
Ana Marroquin, a part-time maintenance worker, claimed cumulative industrial injury to her shoulder, back, knees, ankles, feet, and hands during a period ending June 11, 2018. The procedural history was lengthy: an initial WCJ found injury under the Labor Code section 5402(b) presumption, the Appeals Board rescinded that decision in 2021 and returned the matter for further proceedings, and on retrial a different WCJ found no industrial injury and that the 5402(b) presumption did not apply. The WCJ relied on PQME Dr. Andrade's reporting and the personal physician records of Dr. Espinosa, found the chiropractic and Dr. Russman reporting unpersuasive on causation, and noted the timing of the claim coincided with the death of applicant's son and her being replaced at work after a three-month leave. The Board adopted the WCJ's Report and Recommendation and denied reconsideration, leaving the take-nothing order intact.
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.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.