WCPanelIQ
PanelMed-legalGranted in Part

Mendez, Jennifer

JENNIFER MENDEZ, Applicant vs. WESTERN INN HOTEL; AMERICAN AUTOMOBILE INSURANCE CO., Defendants

ADJ number
ADJ12225936
Decision date
Apr 2, 2023
District office
Santa Barbara
WCJ
Jason L. Busciano
Claim administrator
American Automobile Insurance Co.
Commissioners
—

Injury / body parts: coccyx, lumbar spine, irritable bowel syndrome, hips, buttocks, hernia

LC §5900LC §5903

Summary

Applicant Jennifer Mendez, a housekeeper, sustained a specific injury on April 10, 2019 when she slipped on a wet tile floor and landed on her buttocks/back. She sought reconsideration of a WCJ's January 12, 2023 decision that denied an industrial injury finding to her coccyx and denied temporary disability indemnity from May 8, 2019 through March 29, 2021. The WCAB granted reconsideration and amended the findings to include AOE/COE injury to the coccyx, relying on the AME report of Dr. David L. Wood (including ER records and x-ray findings of a fractured coccyx), applying the South Coast Framing 'not zero' contribution standard. However, the Board affirmed that Dr. Wood found no impairment resulting from the coccyx injury and otherwise adopted the WCJ's report denying temporary disability for lack of supporting medical evidence and credibility concerns.

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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