WCPanelIQ
PanelQMEMed-legalGranted in Part

Elizabeth Partida — ADJ11385647

ELIZABETH PARTIDA, Applicant vs. STATER BROTHERS MARKETS and HARTFORD PROPERTY & CASUALTY INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC, Defendants

ADJ number
ADJ11385647
Decision date
Feb 14, 2022
District office
Riverside
WCJ
David Thorne
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for Hartford Property & Casualty Insurance Company)
Commissioners
—

Injury / body parts: back, elbows, wrists, hands, fingers, hips, knees, feet, psyche, stress, fibromyalgia

LC §3208.3LC §5313LC §5400

Summary

Applicant Elizabeth Partida, an inventory clerk for Stater Brothers Markets, claimed a cumulative trauma injury to multiple body parts plus psyche/stress and fibromyalgia. The WCJ found no AOE/COE injury based on QME reports from orthopedist Dr. Hohl and rheumatologist Dr. Yousefi, both of whom found 0% impairment and ruled out fibromyalgia. The WCAB granted reconsideration, affirmed the orthopedic findings (holding the QME reports were substantial evidence), but found the WCJ failed to analyze the psychiatric claim under the Labor Code section 3208.3(e) post-termination defense framework. The Board amended the F&O to defer the psychiatric injury and psychiatric QME entitlement issues and returned the matter to the WCJ to conduct the proper analysis and issue an amended decision.

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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