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Blanca Loc — ADJ13319988

BLANCA LOC, Applicant vs. MONTEREY HEALTHCARE & WELLNESS CENTER and XL SPECIALTY INSURANCE COMPANY/GREENWICH INSURANCE COMPANY administered by INTERCARE HOLDINGS, INC.; COMPWEST INSURANCE COMPANY, Defendants

ADJ number: ADJ13319988
Decision date: May 15, 2022
District office: Marina del Rey
WCJ: —
Claim administrator: Intercare Holdings, Inc. (administering XL Specialty Insurance Company/Greenwich Insurance Company); CompWest Insurance Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck, shoulder, back, psyche, nervous system, circulatory system

LC §3208.1LC §5701LC §5906

Summary

Applicant Blanca Loc, a certified nursing aide, claimed a cumulative trauma injury to multiple body parts during employment from 2004 to 2020. The WCJ found no injury AOE/COE, relying on the supervisor's testimony that the job had minimal physical demands and finding that treating physician Dr. Haronian's reports rested on an inaccurate job description. The Board granted reconsideration, finding the record lacked substantial medical evidence on the threshold issue of whether a cumulative injury occurred. It rejected applicant's due process argument regarding the remote trial and her argument that stipulating to an occupational group number resolved the physical demands question. The Board rescinded the F&O and remanded for development of the record, including an agreed medical examiner or QME panel evaluation based on an accurate job description.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.