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Hilda Ponce — ADJ11226322

HILDA PONCE, Applicant vs. RED 5 STUDIOS; FEDERAL INSURANCE COMPANY, Defendants

ADJ number
ADJ11226322
Decision date
Jul 4, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Federal Insurance Company
Commissioners
—

Injury / body parts: back, hands, hips, neck, face, legs, psyche, cervical spine

Summary

Applicant Hilda Ponce, an office manager, claimed a cumulative trauma injury ending March 31, 2017 to multiple body parts including the back, neck, hands, hips, face, legs, and psyche. The WCJ found no compensable industrial injury and ordered applicant take nothing. The dispute on reconsideration narrowed to whether the cervical spine injury was industrial based on QME orthopedist Dr. Moshe Wilker's opinion that applicant sustained cervical and lumbar radiculitis from repetitive lifting of a water tank and cases of soda. The WCJ found applicant not credible and the employer's HR director credible, including testimony that there were no 5-gallon water bottles at the job site. Because Dr. Wilker's report rested on a history found not credible, it did not constitute substantial medical evidence, and the WCAB denied reconsideration.

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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