WCPanelIQ
PanelQMEGranted

Amanda Humber — ADJ11905041

AMANDA HUMBER, Applicant vs. PRIME HEALTHCARE SERVICES, INC.; CENTINELA HOSPITAL MEDICAL CENTER; administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number
ADJ11905041
Decision date
Dec 29, 2021
District office
Marina del Rey
WCJ
Cirina A. Rose
Claim administrator
American Claims Management
Commissioners
—

Injury / body parts: low back, legs

LC §5400LC §5403LC §5412

Summary

Applicant Amanda Humber, a nurse at Centinela Hospital Medical Center, claimed a specific low back injury on November 25, 2018, while lifting a patient. She did not report the injury until January 2019 because she initially felt only a 'pull' without pain, later developing radiating leg symptoms. The WCJ found injury AOE/COE to the low back (but not the legs) and rejected the defendant's statute of limitations defense under Labor Code section 5400, relying heavily on the applicant's credible and unrebutted testimony, corroborated by the employer's own witness and the Panel QME. On reconsideration, the WCAB granted reconsideration to correct clerical errors (the wrong applicant name and an erroneous reference to Labor Code section 5412 in the statute of limitations analysis), rescinded the original Findings of Fact and Award, and substituted new Findings of Fact. The Board affirmed the finding of industrial low back injury and the rejection of the statute of limitations defense, holding that defendant failed to show it was actually misled or prejudiced under section 5403.

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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