WCPanelIQ
PanelQMEMed-legalDenied

Ojeda, Cecilia

CECILIA OJEDA, Applicant vs. AMY’S KITCHEN and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ14263093
Decision date
Apr 11, 2023
District office
San Jose
WCJ
David L. Lauerman
Claim administrator
Travelers Property Casualty Company of America
Commissioners
—

Injury / body parts: neck, bilateral wrists, bilateral shoulders, bilateral upper extremities

Summary

Applicant Cecilia Ojeda claimed a cumulative injury ending April 1, 2019 to her neck, bilateral wrists, bilateral shoulders, and bilateral upper extremities while working as a senior manufacturing worker for Amy's Kitchen. Defendant accepted the neck but denied the other body parts, relying on orthopedic QME Dr. Ronald Wolfson, who opined the disputed parts were not currently symptomatic and that all problems stemmed from cervical radiculopathy. The WCJ found Dr. Wolfson's opinions did not constitute substantial evidence because he repeatedly testified at deposition that he 'did not know' whether injury to the disputed body parts ever occurred, and instead relied on the consistent reports of treating physician Dr. John Safanda to find injury to all claimed body parts. The WCAB adopted the WCJ's Report and denied defendant's Petition for Reconsideration.

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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