WCPanelIQ
PanelQMEMed-legalDenied

Agustina Perez Trejo — ADJ13431716, ADJ11237713

AGUSTINA PEREZ TREJO, Applicant vs. BENIHANA RESTAURANTS, ET AL., Defendants

ADJ number
ADJ13431716, ADJ11237713
Decision date
May 12, 2022
District office
San Jose
WCJ
David L. Lauerman
Claim administrator
Broadspire (TPA for Zurich North America Insurance Co.)
Commissioners
—

Injury / body parts: neck, shoulders, upper extremities, back

Summary

Applicant Agustina Perez Trejo, a prep cook for Benihana Restaurants, claimed a specific injury (1/23/2018) and a cumulative trauma injury (ending 3/28/2018) to her neck, shoulders, upper extremities, and back, both initially denied AOE/COE. After trial, the WCJ found both injuries compensable based on applicant's credible, unrebutted testimony, the QME reports of Dr. Betoushana, and the treating physician reports of Dr. Dugal. Defendant petitioned for reconsideration, arguing a right/left shoulder discrepancy between applicant's testimony and Dr. Dugal's reports invalidated her credibility, and that applicant's failure to testify about her precise job duties undermined the QME's conclusions. The WCAB adopted and incorporated the WCJ's Report and Opinion, gave great weight to the WCJ's credibility determination under Garza, and 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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