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PanelQMEMed-legalRemanded

Berrios, Marisela

MARISELA BERRIOS, Applicant vs. CHRISTOPHER RANCH LLC; THE HARTFORD, Defendants

ADJ number: ADJ11192906
Decision date: Date unavailable
District office: Salinas
WCJ: —
Claim administrator: The Hartford
Commissioners: PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right hip, right leg, right foot, right hand, lumbar spine

LC §3600LC §3202.5LC §3208.1LC §5400LC §5411LC §5412LC §5701LC §5814LC §5906

Summary

Applicant Marisela Berrios, a garlic/onion packer and floor lead, claimed a cumulative injury to her right hip, right leg, right foot, right hand, and lumbar spine during a period ending September 7, 2017, and was terminated September 19, 2017. The WCJ found no cumulative injury AOE/COE based on PQME Dr. Domeniconi's vacillating opinion that the injury was specific, and deemed all other issues moot. On reconsideration, the WCAB agreed Dr. Domeniconi's opinion was not substantial medical evidence because he was confused about the legal distinction between specific and cumulative injury and merely deferred to the applicant's lay characterization. The Board held the WCJ had a duty to develop the record rather than deny the claim, and also found defendant failed to meet its burden on the post-termination defense. The F&O was rescinded and the matter returned for further proceedings, with a recommendation to use an AME or appoint a regular physician.

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.