WCPanelIQ
PanelQMEMed-legalDenied

Manuela Carreon — ADJ11738998

MANUELA CARREON, Applicant vs. VALLARTA SUPERMARKETS, insured by SAFETY NATIONAL CASUALTY CORPORATION, administered by SEDGWICK CMS; and ADP TOTAL SOURCE FLXVI, INC., dba THREE D PLASTICS, insured by AMERICAN HOME ASSURANCE COMPANY, administered by HELMSMAN MANAGEMENT SERVICES, LLC, Defendants

ADJ number
ADJ11738998
Decision date
Apr 21, 2022
District office
Van Nuys
WCJ
—
Claim administrator
Helmsman Management Services, LLC (for American Home Assurance Company); Sedgwick CMS (for Safety National Casualty Corporation)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: wrists, back, neck, cervical spine, lumbar spine, bilateral upper extremities

Summary

Applicant Manuela Carreon claimed a cumulative trauma injury to her wrists, back and neck during concurrent employment as a deli clerk with Vallarta Supermarkets and as a machinist with Three D Plastics from May 1, 2016 to January 13, 2019. The WCJ relied on the reporting of AME Dr. Falkinstein to find injury AOE/COE attributable solely to Three D Plastics. Three D Plastics sought reconsideration, arguing that an alternate causation scenario (Scenario Two) described by Dr. Falkinstein, supported by QME Dr. Guellich's reporting, would extinguish its liability. The Board found that Scenario Two depended on a misdated treating physician report (September 22, 2017 instead of 2018) and was abandoned by Dr. Falkinstein at deposition once the error was corrected. The Board held the AME's reporting constituted substantial medical evidence while the QME's did not, and affirmed the May 11, 2021 Amended Findings and Award.

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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