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Katia Escobedo — ADJ13528847

KATIA ESCOBEDO, Applicant vs. SOUTHERN CALIFORNIA HEALTHCARE SYSTEM/PROSPECT MEDICAL HOLDINGS, Permissibly Self-Insured, Administered by CORVEL, Defendants

ADJ number
ADJ13528847
Decision date
Feb 13, 2022
District office
Marina del Rey
WCJ
Cirina A. Rose
Claim administrator
CorVel
Commissioners
—

Injury / body parts: bilateral upper extremities, cervical spine, thoracic spine, lumbar spine, right shoulder, right leg, right knee, psyche

LC §5900LC §5903LC §3600CCR §10605

Summary

Applicant Katia Escobedo, a 20-year-old certified nurse's assistant, claimed a specific injury on 2/16/2020 to multiple body parts. The WCJ's original 11/8/2021 Findings of Fact and Order found applicant failed to meet her burden of proof on AOE/COE. Applicant filed a Petition for Reconsideration, which defendant argued was untimely, but the WCJ and Board agreed service was defective because the wrong email address for applicant's counsel was listed on the proof of service, making the petition timely. On reconsideration, the WCJ reversed her position, finding applicant credible and that she did meet her burden as to certain orthopedic body parts. The Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level because the WCJ had not explained her reasoning on the post-termination defense and needed to address all issues in the first instance.

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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