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PanelQMEMed-legalDenied

Duran, Cecilia

CECILIA DURAN, Applicant vs. COUNTY OF IMPERIAL, permissibly self-insured, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ14966902
Decision date: Jul 16, 2023
District office: San Diego
WCJ: Linda F. Atcherley
Claim administrator: Athens Administrators (for County of Imperial, permissibly self-insured)
Commissioners: —

Injury / body parts: Head/scalp, Brain (anaplastic meningioma/tumor)

LC §5952

Summary

Cecilia Duran, an account clerk for the County of Imperial, sustained an admitted head contusion on November 18, 2020 when a shelf fell on her head. She subsequently developed (or experienced rapid growth of) an anaplastic meningioma at the site of the head trauma. Her treating neurosurgeon, Dr. Santiago-Dieppa, opined that the trauma accelerated the growth of the tumor, while QME Dr. Berman opined the cancer was non-industrial and merely coincidental to the contusion. The WCJ found the cancer to be a compensable consequence of the industrial injury, relying on Dr. Santiago-Dieppa's deposition testimony as the only substantial medical evidence. The WCAB denied defendant's Petition for Reconsideration, holding that the treating neurosurgeon's well-reasoned opinion constituted substantial evidence and was an appropriate basis for finding the cancer arose AOE/COE.

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.