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PanelQMEMed-legalGranted

Shepheard, Anabelle

ANABELLE SHEPHEARD, Applicant vs. LADDARAN MANAGEMENT CORPORATION; EMPLOYERS PREFERRED INSURANCE COMPANY, Defendants

ADJ number: ADJ13173519
Decision date: Oct 12, 2023
District office: Marina del Rey
WCJ: —
Claim administrator: Employers Preferred Insurance Company
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: back, lumbar spine, thoracic spine, left shoulder

LC §111LC §5300LC §5301LC §5309LC §5310LC §5402LC §5900LC §5903LC §5906LC §5908CCR §10348

Summary

Applicant Anabelle Shepheard, a cook, claimed an industrial injury on December 15, 2019, when a coworker allegedly struck her in the back with a Tupperware container of lettuce. The WCJ found no injury AOE/COE, ruling applicant was not credible and that medical opinions finding injury (from Dr. Masrour and PQME Dr. Tooke) were not substantial evidence because they relied on an unsupported mechanism of injury. The Appeals Board granted reconsideration, rejecting the WCJ's credibility determination on the grounds that she improperly substituted her own lay opinion on medical diagnosis and that the record (ambulance and ER records showing redness, contusion, and a consistent injury history) actually corroborated applicant's account. The Board rescinded the Findings and Order and returned the matter to the presiding judge for reassignment to a new WCJ for a trial de novo, directing that the section 5402 presumption of compensable injury be tried.

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.