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PanelQMEMed-legalGranted in Part

Brisa Varela Rodriguez — ADJ12390057, ADJ12364301

BRISA VARELA RODRIGUEZ, Applicant vs. HABIT RESTAURANT, LLC and ZURICH AMERICAN INSURANCE COMPANY administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ12390057, ADJ12364301
Decision date: Apr 12, 2022
District office: Oakland
WCJ: —
Claim administrator: CorVel Corporation (administering for Zurich American Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: head, neck, low back, upper extremity, abdomen, groin, psyche, stress, headaches, leg

LC §3208.3LC §4660.1

Summary

Applicant Brisa Varela Rodriguez, a cook, claimed injuries from a July 28, 2018 fall (ADJ12364301) and a December 10, 2018 incident (ADJ12390057). The WCJ found injury to head, neck, and low back from the 2018 fall, denied the December 2018 claim, found applicant P&S as of September 10, 2020, denied all temporary disability, and denied requests for neurology and psychology QME evaluations. On reconsideration, the WCAB affirmed most findings but amended to: (1) defer the psychiatric injury issue, (2) award temporary disability indemnity from April 23, 2020 through September 10, 2020 based on AME Dr. Jacob's findings, and (3) find good cause for a psychiatry/psychology medical-legal evaluation. The Board affirmed the denial of temporary disability during the period defendant offered modified work and the denial of a neurology QME. The matter was returned to the WCJ for further proceedings.

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.