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PanelGranted

Valentine, Theresa

THERESA VALENTINE, Applicant vs. ARCO DE ORO, INC., doing business as MCDONALD’S; CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, administered by LWP CLAIMS SOLUTIONS, INC., Defendants

ADJ number: ADJ16904999
Decision date: Nov 5, 2023
District office: Riverside
WCJ: —
Claim administrator: LWP Claims Solutions, Inc.
Commissioners: NATALIE PALUGYAI, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: abdomen, psyche, stress

LC §3208.3LC §5313LC §5705LC §5903LC §5952

Summary

Applicant Theresa Valentine claimed cumulative injury to her abdomen, stress, and psyche during employment as a McDonald's crew member from April 20, 2022 through October 17, 2022. The WCJ found her claim barred by Labor Code section 3208.3(d)'s six-month employment rule, calculating that she worked only 5.95 months, and also found she did not sustain injury AOE/COE. The Board granted reconsideration, holding the WCJ erred by conflating the six-month rule with an AOE/COE determination (which was not even at issue at trial) and by applying section 3208.3(d) without any medical evidence establishing the nature of the injuries or the causal nexus between the alleged abdominal and psychiatric injuries. The Board further observed that, under CIGA v. WCAB (Mills), applicant appeared to have 'substantially complied' with the six-month rule. The F&O was rescinded and the matter returned to the trial level for a full record and new decision.

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.