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PanelQMEMed-legalGranted in Part

Olivarez, Linda

LINDA OLIVAREZ, Applicant vs. CHICO DENTAL ARTS; THE DENTISTS INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ13479589
Decision date: Dec 15, 2025
District office: Redding
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc. (administering The Dentists Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: teeth, circulatory system, internal system, neck, back, TMJ, hearing, left inferior alveolar nerve / jaw

LC §3600LC §3202.5

Summary

Linda Olivarez, a receptionist for Chico Dental Arts (David C. Kyle, DDS, Inc.), received free or discounted dental treatment as an employment benefit. On January 17, 2018, after clocking out of work but while remaining on the premises, she underwent placement of a dental implant by her employer-dentist, which was inserted too deep and caused injury to her left inferior alveolar nerve. After a Superior Court summary judgment found workers' compensation was her exclusive remedy, she filed a claim that defendant denied as not AOE/COE. The WCJ found injury AOE/COE and the Appeals Board affirmed, applying the personal comfort doctrine, finding the dental treatment incidental to and reasonably contemplated by her employment. The Board amended the F&O to find injury AOE/COE to the teeth only, deferring the issue of injury to other claimed body parts pending further development of the medical record.

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.