WCPanelIQ
PanelQMEMed-legalDenied

Soto Palos, Erika

ERIKA SOTO PALOS, Applicant vs. AMAZON; AMERICAN ZURICH INSURANCE COMPANY and LIBERTY MUTUAL, administered by SEDGWICK, Defendants

ADJ number
ADJ16798052
Decision date
Date unavailable
District office
San Bernardino
WCJ
Johann L. Van Kolken
Claim administrator
Sedgwick (administering for American Zurich Insurance Company and Liberty Mutual)
Commissioners
—

Injury / body parts: lumbar spine, upper right arm, pelvis/gluteal, right shoulder, elbows, thoracic spine, neck/cervical spine

LC §3202LC §3202.5LC §5900CCR §9795CCR §10955

Summary

Applicant Erika Soto Palos sustained an admitted December 2, 2021 injury to her lumbar spine, upper right arm, and pelvis/gluteal while working as an Amazon warehouse associate, but the WCJ found no injury to her right shoulder and no compensable continuous trauma injury, awarding 0% permanent disability and future medical treatment. The WCJ relied on PQME Dr. Jason Chiu's March 15, 2023 report as substantial medical evidence. On reconsideration, applicant argued that her allegedly unrebutted testimony that no interpreter was present during the PQME evaluation undermined reliance on Dr. Chiu's report. The WCJ found applicant not credible based on contradictions about her prior 2019 motor vehicle accident and prior chiropractic treatment, and noted Dr. Chiu's report stated an interpreter (Nubia Castaneda, CMI 106647) was present throughout the evaluation. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

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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