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Shamsian, Eliza

ELIZA SHAMSIAN, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ13367861
Decision date
Date unavailable
District office
Los Angeles
WCJ
Karinneh Aslanian
Claim administrator
Sedgwick Claims Management Services (administering for County of Los Angeles, permissibly self-insured)
Commissioners
—

Injury / body parts: right wrist, right hand, left wrist, left hand

LC §5904

Summary

Applicant Eliza Shamsian, a clinical psychologist for the County of Los Angeles, sustained stipulated industrial injuries to both wrists and hands from repetitive handwriting and keyboarding. After her treating physician imposed restrictions of 'no hand use,' the County offered a modified 'kiosk' position escorting juvenile detainees to therapy sessions that required no keyboarding or hand use. Applicant refused, citing pain from driving, fear of COVID-19 exposure during her commute, and the County's failure to provide previously recommended Dragonspeak dictation software. The WCJ found she was not entitled to temporary disability benefits from June 9, 2020 onward, concluding her refusal of suitable modified work was unreasonable. A divided Appeals Board (2-1) affirmed, holding that an employee who refuses modified work without good reason may be estopped from claiming temporary total disability, with Commissioner Snellings dissenting on the basis that the absence of Dragonspeak rendered the offer unreasonable.

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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