WCPanelIQ
PanelQMEMed-legalRemanded

Yeghiazaryan, Ella

ELLA YEGHIAZARYAN, Applicant vs. STATE OF CALIFORNIA IHSS, LEGALLY UNINSURED, ADMINISTERED BY INTERCARE, Defendants

ADJ number
ADJ11998537
Decision date
Aug 29, 2023
District office
Los Angeles
WCJ
—
Claim administrator
Intercare (administering for State of California IHSS, legally uninsured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, back, left shoulder, psyche, fibromyalgia (alleged)

LC §5410LC §5407LC §5701LC §5906LC §4600CCR §10945CCR §10109

Summary

Applicant Ella Yeghiazaryan, a health aide who sustained industrial injury to her neck, back, and left shoulder on November 22, 2015, filed a timely Petition to Reopen for new and further disability and later amended her application to allege psychiatric injury (depression and anxiety). The WCJ found applicant was not entitled to a psychological QME because there was no medical evidence establishing fibromyalgia or that the condition was industrially related to the stipulated body parts. The Board granted reconsideration and rescinded the F&O, finding that the deposition testimony of rheumatologist Dr. Rinaldi and the treating reports of Dr. Kohan (noting depression, anxiety, and insomnia) demonstrated the record was insufficiently developed. The Board emphasized its duty to develop the record where evidence is incomplete, noting Dr. Rinaldi's prior report was not in evidence. The matter was remanded to the WCJ to develop the record and determine whether applicant suffered a demonstrable change in condition (new and further disability) within five years of injury under section 5410.

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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