PanelMed-legalRemanded
Julissa Diaz Lopez — ADJ12017211
JULISSA DIAZ LOPEZ, Applicant vs. WPS FBO GARCO ENTERPRISES, INC. dba McDONALDS; SAFETY NATIONAL CASUALTY CORP., administered by BROADSPIRE, Defendants
- ADJ number
- ADJ12017211
- Decision date
- Jan 4, 2022
- District office
- Marina del Rey
- WCJ
- —
- Claim administrator
- Broadspire (administering Safety National Casualty Corp.)
- Commissioners
- KATHERINE ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
Injury / body parts: cervical spine, thoracic spine, lumbar spine, left shoulder, left elbow, bilateral wrists/hands, headaches, psyche/stress, sleep disturbance
LC §3208.1LC §3202.5LC §3600LC §4060LC §4061LC §4062LC §4062.2LC §4663LC §4664LC §5412LC §5701LC §5900LC §5903LC §5906LC §5952CCR §10325CCR §10507CCR §10508CCR §10600CCR §10605CCR §10615CCR §10840CCR §10845CCR §10940CCR §10341CCR §10392
Summary
Applicant Julissa Diaz Lopez, a cook who worked at two different McDonald's locations (La Brea and Wilshire) from 2016-2019, claimed cumulative trauma injury to multiple body parts. The WCJ found no industrial injury AOE/COE, in part based on a credibility determination regarding applicant's testimony. The Board first found the Petition for Reconsideration timely due to COVID-19 tolling of filing deadlines (district offices closed March 17-April 13, 2020). On the merits, the Board found the medical record, consisting only of PTP Dr. Kattar's reports, did not constitute substantial evidence because Dr. Kattar requested additional records and diagnostic testing and never provided a final causation opinion addressing which employer/location/activities caused injury. The Board rescinded the F&O and remanded to develop the record, noting a supplemental report from Dr. Kattar or a comprehensive medical-legal evaluation would be appropriate.
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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