WCPanelIQ
PanelGranted in Part

Elliott, Joanna

JOANNA ELLIOTT, Applicant vs. PEPPERDINE UNIVERSITY; ADMINISTERED BY GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ12304192
Decision date
Mar 26, 2023
District office
Marina del Rey
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc.
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: asthma (lungs/respiratory), upper digestive system, lung disease, nose, throat

Summary

Joanna Elliott, employed as a real estate director at Pepperdine University from 1997 to 2019, claimed cumulative occupational injuries. At the October 2022 trial, the parties stipulated that she sustained injury AOE/COE in the form of asthma and to the upper digestive system, while she claimed additional injuries in the form of lung disease and to the nose and throat. The WCJ's January 4, 2023 Findings and Order improperly found injury to lung disease, nose, and throat even though those issues were not framed for trial and were not supported by substantial medical evidence. The WCAB granted reconsideration, affirmed the decision in all other respects, and amended Finding of Fact 1 to reflect the parties' stipulation while deferring the disputed AOE/COE issues regarding lung disease, nose, and throat. The Board adopted the WCJ's analysis as to the other issues raised in the applicant's petition.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.