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PanelLienDenied

Vickers Phu Dong — ADJ10767199, ADJ10817399

VICKERS PHU DONG, Applicant vs. TAWA SUPERMARKET INC. and LIBERTY MUTUAL INSURANCE COMPANY/SAFETY NATIONAL CASUALTY CORPORATION, administered by MATRIX ABSENCE MANAGEMENT, INC., Defendants

ADJ number: ADJ10767199, ADJ10817399
Decision date: Apr 17, 2022
District office: Pomona
WCJ: —
Claim administrator: Matrix Absence Management, Inc.
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: head, neck, shoulders, upper extremity, back, lower extremity, knees, body systems

LC §3202.5LC §4600LC §4060LC §4061LC §4062LC §4600.5LC §4616.3LC §4616.4CCR §9785

Summary

Optimal Health Institute, a lien claimant, sought reconsideration of a WCJ's Joint Findings and Orders denying recovery on its liens in two cases involving applicant Vickers Phu Dong. The WCJ found the lien claimant failed to meet its burden of proving injury AOE/COE for the cumulative trauma claim and failed to establish entitlement to treatment for the specific 2008 injury. The Board found Dr. Andrew Shen's reports were not substantial evidence because they merely repeated conclusions without explaining reasoning, did not show review of medical records, and were unaware applicant had stopped working in December 2016. The Board also found no evidence applicant objected to his treating physician's 2008 release from care, and no evidence the later treatment related to the 2008 injury. Reconsideration was denied.

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.