WCPanelIQ
PanelLienDenied

Juventina Portillo — ADJ14202484

JUVENTINA PORTILLO, Applicant vs. ALL TIME RESTAURANT, LLC; TRAVELERS, Defendants

ADJ number
ADJ14202484
Decision date
Dec 26, 2022
District office
Los Angeles
WCJ
Peter M. Christiano
Claim administrator
Travelers Property Casualty Company of America; Employers Preferred Insurance Company
Commissioners
—

Injury / body parts: neck, back

LC §4600LC §4903LC §5813CCR §10421CCR §10945

Summary

Applicant Juventina Portillo alleged a cumulative trauma injury (11/1/2019-11/1/2020) to the neck and back while working as a kitchen helper. Defendants denied the claim and the case-in-chief settled via compromise and release for $20,000. Lien claimants (Metro Healthcare Medical, Marina Kuznetsova, Kohanim Chiropractic, and SoCal Interpreting) litigated entitlement to payment for treatment, but the WCJ found they failed to meet their burden of proving injury AOE/COE because the only causation report (Dr. Kohanim's 1/20/2021 report) was not substantial evidence. The WCAB adopted the WCJ's report and denied reconsideration, while declining to impose sanctions but cautioning lien claimants against bringing meritless positions.

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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