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PanelGranted

Giron, Sandra

SANDRA GIRON, Applicant vs. LOS FELIZ HEALTHCARE WELLNESS CENTRE, LP and XL SPECIALTY INSURANCE COMPANY, administered by INTERCARE INSURANCE SERVICES, Defendants

ADJ number: ADJ12401537
Decision date: Feb 2, 2022
District office: Marina del Rey
WCJ: —
Claim administrator: Intercare Insurance Services (administrator for XL Specialty Insurance Company)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: neck, back, psyche, headaches, abdomen, brain, sleep

LC §3208.3LC §3600LC §5952LC §5313

Summary

Applicant Sandra Giron, a certified nurse assistant, claimed injury to her neck, back, psyche, and headaches during employment from December 22, 2018, through July 11, 2019. The WCJ found no injury AOE/COE in a December 1, 2021 Findings and Order. The WCAB granted reconsideration, finding the WCJ's Opinion failed to reference the evidence supporting the decision as required by Hamilton, contained inconsistencies (the Opinion addressed a post-termination defense while the Finding stated no injury occurred), and lacked clarity regarding whether the psychiatric claim was dismissed. The Board also found the chiropractor's report did not constitute substantial evidence because it lacked review of diagnostics and addressed body parts outside the scope of his practice. The Board rescinded the F&O and returned the matter to the WCJ for further development of the record and a new decision.

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.