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Rebecca Duran — ADJ12535201

REBECCA DURAN, Applicant vs. FENIX MARINE SERVICES LIMITED; GREAT AMERICAN INSURANCE COMPANY ADJUSTED BY AMERICAN EQUITY UNDERWRITERS INCORPORATED, Defendants

ADJ number
ADJ12535201
Decision date
Dec 29, 2022
District office
Long Beach
WCJ
Daniel Nachison
Claim administrator
American Equity Underwriters, Incorporated (adjusting for Great American Insurance Company)
Commissioners
—

Injury / body parts: neck, chest, abdomen, left wrist, back, psyche

LC §5909LC §3208.3LC §5705LC §3202.5

Summary

Applicant Rebecca Duran, a UTR driver, sustained an admitted industrial injury on April 10, 2019, when a container was dropped onto her vehicle's chassis, causing the cab to flip up and slam down. The parties stipulated to physical injuries (neck, chest, abdomen, left wrist, back), but defendant disputed a claimed psychiatric injury. The AME in psychiatry, Dr. David Sones, found that the work accident was the predominant cause of an aggravation of applicant's preexisting Anxiety Disorder NOS. The WCJ found industrial psychiatric injury, and defendant petitioned for reconsideration arguing the evidence was insufficient and that a Rolda analysis was required. The Board granted reconsideration, affirmed the finding of psychiatric injury (adopting the WCJ's Report), and amended Findings of Fact No. 1 to reflect the stipulated body parts.

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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