COLLY CHENG, Applicant vs. BENIHANA; ZURICH NORTH AMERICA, ADMINISTERED BY BROADSPIRE, A CRAWFORD COMPANY, Defendants
ADJ number
ADJ12445186
Decision date
Nov 26, 2023
District office
Los Angeles
WCJ
William M. Carero
Claim administrator
Broadspire, A Crawford Company (administering for Zurich North America)
Commissioners
—
Injury / body parts: shoulders, left arm, left elbow, fingers, low back, legs, knees, high blood pressure (hypertension), dental, headaches, psyche
Summary
Applicant Colly Cheng, a server at Benihana for 22 years, claimed a cumulative trauma injury affecting multiple orthopedic body parts, psyche, and dental (bruxism). The WCJ found industrial injury supported by PQME Dr. Balian's orthopedic findings, Dr. Francisco's psychological report, and Dr. Schames' dental reporting. Defendant Zurich (administered by Broadspire) sought reconsideration, arguing the medical reporting was not substantial medical evidence and that the claims were timely denied. The WCAB denied reconsideration, adopting the WCJ's report, but declined to adopt the 'Denials' section because the timely-denial/presumption-of-compensability issue was not raised in the Petition. The Board found the decision supported by substantial medical evidence.
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.