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Juana Llamas — ADJ11111045

JUANA LLAMAS, Applicant vs. MCFARLAND UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by SELF-INSURED SCHOOLS OF CALIFORNIA, Defendants

ADJ number
ADJ11111045
Decision date
Aug 11, 2022
District office
Bakersfield
WCJ
Robert Norton
Claim administrator
Self-Insured Schools of California (SISC)
Commissioners
—

Injury / body parts: right hip, right knee, left elbow, low back (lumbar spine)

LC §5903

Summary

Applicant Juana Llamas, a 55-year-old custodian for McFarland Unified School District, fell at work on July 20, 2017, sustaining accepted injuries to her right hip, right knee, and left elbow. She also claimed a low back injury, which the defendant disputed. Following trial, the WCJ found injury to the hip, knee, and elbow with 27% permanent partial disability but found applicant did not sustain a low back injury, relying on the consistent opinions of QME Dr. Darakjian over the shifting opinions of treating physician Dr. Scheinberg. Applicant sought reconsideration, contending the evidence did not justify the no-injury finding for the low back. The WCAB denied reconsideration, adopting the WCJ's report, giving great weight to credibility determinations under Garza and holding that the opinion of one physician (the QME) may constitute substantial evidence even if inconsistent with other medical opinions under Place.

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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