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Marylyn Baez — ADJ13518613

MARYLYN BAEZ, Applicant vs. OA LOGISTICS SERVICES, INC., and REPUBLIC INDEMNITY COMPANY OF CALIFORNIA, Defendants

ADJ number: ADJ13518613
Decision date: Nov 22, 2021
District office: Redding
WCJ: —
Claim administrator: Republic Indemnity Company of California
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: low back, lumbar spine, left leg, lower extremities, left foot, toes

LC §5903LC §4060LC §3208.1LC §5906CCR §10974CCR §10945

Summary

Applicant Marylyn Baez, a material handler, claimed a January 30, 2020 low back injury after unloading a truck. The QME, chiropractor Dr. Carpenter, opined the symptoms were not from a specific injury but from a long-standing degenerative lumbar condition, and the WCJ found no injury AOE/COE. The Board, after granting reconsideration, found Dr. Carpenter's report was not substantial evidence because he failed to address whether the incident aggravated the pre-existing condition or explain why he disagreed with the treating physicians. Relying instead on applicant's and witness Marisol Valdez's testimony plus treating reports from Drs. Barba and Almashat, the Board rescinded the F&O and substituted a finding that applicant sustained injury AOE/COE to her low back including lumbar radiculopathy to her left leg, deferring all other issues and returning the matter to the WCJ.

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.