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PanelMed-legalLienGranted

Pelayo, Olga

OLGA PELAYO, Applicant vs. KW INTERNATIONAL; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number: ADJ13205884
Decision date: Oct 18, 2023
District office: Long Beach
WCJ: —
Claim administrator: Travelers Property Casualty Company of America
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER

Injury / body parts: psyche, neck, shoulders, elbows, wrists, hands, back, knees, bladder, right arm, sleep, right ankle

LC §3208LC §3208.3LC §3600LC §5313LC §5903LC §5952CCR §10786

Summary

Lien claimant Premier Psychological Services sought reconsideration of a WCJ's July 28, 2023 Findings and Orders disallowing its lien for psychiatric treatment and reports by Dr. Mark Michaels in applicant Olga Pelayo's consolidated specific and cumulative trauma claims. The WCJ disallowed the lien on the basis that there was no compensable psyche injury, relying on AME Dr. Craemer's orthopedic report and finding defendant had proven the post-termination defense. The WCAB found the WCJ's Opinion on Decision and Report inadequate because they failed to explain how an orthopedic AME report bore on psyche compensability, failed to acknowledge Dr. Michaels' contrary finding of a compensable psyche injury, and failed to distinguish between the two distinct claims. The Board granted reconsideration, rescinded the F&Os, and remanded for a new decision that adequately parses the medical evidence and arguments as applied to each claim.

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.