WCPanelIQ
PanelQMEMed-legalGranted in Part

Flores, Osehas E.

OSEHAS E. FLORES, Applicant vs. LOS FELIZ HEALTHCARE WELLNESS CENTRE LP; XL SPECIALTY INSURANCE COMPANY; as administered by INTERCARE, Defendants

ADJ number
ADJ12471131
Decision date
Jul 10, 2023
District office
Marina Del Rey
WCJ
Ana Maria Vellanoweth
Claim administrator
Intercare (administering for XL Specialty Insurance Company)
Commissioners
—

Injury / body parts: neck, wrists, hands, thoracic spine, lumbar spine, shoulders, head

LC §5900LC §5903LC §5806LC §5807LC §3202.5CCR §10605CCR §10600CCR §10940CCR §10615CCR §10390CCR §10400CCR §10402CCR §10205.5

Summary

Applicant Osehas E. Flores, a CNA, alleged a specific injury and a continuous trauma injury during his approximately two years of employment with Los Feliz Healthcare Wellness Centre, LP. The WCJ found industrial injury in both companion cases (ADJ12471131 and ADJ12471148), and defendant petitioned for reconsideration arguing the petition was timely, that the medical evidence did not support industrial causation, and that the PQME reports of Dr. Ram were more persuasive. The WCJ found the petition untimely but addressed the merits, concluding the applicant met his burden of proving industrial causation based on credible testimony and supporting medical reports. The Appeals Board granted reconsideration only to correctly identify Los Feliz Healthcare Wellness Centre, LP, as the defendant employer and XL Specialty Insurance Company as the insurer in the F&As, treating the petition as timely due to ambiguity in the Official Address Record regarding proper service. The Board otherwise affirmed the findings of industrial injury.

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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