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PanelQMEMed-legalGranted

Irons, Cathryn

CATHRYN IRONS, Applicant vs. CAPRI IN THE DESERT/SORRENTO and REPUBLIC UNDERWRITERS INSURANCE administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ10630370
Decision date: Dec 6, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering for Republic Underwriters Insurance)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: brain, psyche, nervous system, stroke

LC §5402LC §5906LC §5952

Summary

Applicant, a Licensed Vocational Nurse, claimed injury to her brain, psyche, and nervous system in the form of a stroke arising from 18 months of workplace stress. The WCJ found no injury AOE/COE based on the reporting and deposition testimony of neurovascular AME Dr. Sanossian, who opined that workplace stress contributed less than 1% to the stroke and that the section 5402 presumption did not apply. The Board granted reconsideration, finding that Dr. Sanossian's opinions were based on admitted 'assumptions' of workplace stress and elevated blood pressure with no objective evidence, rendering them speculative and not substantial evidence. The Board rescinded the F&A and returned the matter to the WCJ to develop the record by having Dr. Sanossian clarify causation without relying on assumptions. The Board affirmed that there was no evidentiary support for the section 5402 presumption.

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.