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Matthew Bakes — ADJ11113127

MATTHEW BAKES, Applicant vs. KAISER FOUNDATION HOSPITAL, permissibly self-insured; administered by SEDGWICK CMS, Defendants

ADJ number
ADJ11113127
Decision date
Feb 6, 2023
District office
Sacramento
WCJ
Eric Ledger
Claim administrator
Sedgwick CMS (administering for Kaiser Foundation Hospital, permissibly self-insured)
Commissioners
—

Injury / body parts: right leg, right foot

LC §3202.5LC §3600LC §5705CCR §10974

Summary

Applicant Matthew Bakes, a patient transport aide for Kaiser, alleged a cumulative trauma injury to his right leg and right foot through his last day of employment on November 7, 2017. The WCJ found the injury non-industrial after the QME, Dr. Robert Ansel, changed his opinion upon reviewing prior claims and concluded applicant had not sustained a new cumulative trauma, attributing his complaints to an accepted 2010 injury. The WCJ had dismissed the claim with prejudice. On reconsideration, the Appeals Board granted reconsideration solely to correct the disposition, amending the order from a dismissal to a 'take nothing' order, while affirming the WCJ's findings of fact. The Board treated the dismissal as a clerical/procedural error correctable under Toccalino.

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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