WCPanelIQ
PanelQMEMed-legalRemanded

Corente, Maxine

MAXINE CORENTE, Applicant vs. AETNA; ACE AMERICA INSURANCE COMPANY, Defendants

ADJ number
ADJ9551349
Decision date
Oct 19, 2023
District office
Fresno
WCJ
—
Claim administrator
ACE America Insurance Company
Commissioners
—

Injury / body parts: right wrist, carpal tunnel syndrome

LC §5410LC §5705LC §3202.5LC §5803LC §5313LC §5806LC §5807

Summary

Applicant Maxine Corente sustained an industrial right wrist carpal tunnel injury on November 26, 2012, resulting in a March 2017 stipulated award of 7% permanent disability based on AME Dr. Max Moses' report finding 50% nonindustrial apportionment. The WCJ later found new and further disability raising overall PD to 26%, and the Board previously rescinded that finding and remanded for development of the record on whether new and further disability arose within the five-year statutory period and for clarification of apportionment. On the Third Findings of Fact, the WCJ again failed to properly analyze these issues, focusing erroneously on the timeliness/specificity of the Petition to Reopen rather than whether applicant's condition demonstrably worsened during the five-year period. The Board granted reconsideration, rescinded the decision, and again remanded for further development of the record, analysis, and a clear, enforceable decision.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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