WCPanelIQ
PanelMed-legalDenied

Ann Mazuk — ADJ10202480

ANN MAZUK, Applicant vs. THE AEROSPACE CORPORATION; ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ10202480
Decision date
Dec 6, 2021
District office
Marina del Rey
WCJ
Spoeri
Claim administrator
Zurich North America
Commissioners
JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left knee, right hip, circulatory system, cardiovascular system, hypertension

Summary

Applicant Ann Mazuk, a 38-year employee of The Aerospace Corporation, filed a claim for a specific slip-and-fall injury on 10-22-2015 to her left knee and right hip, later amended to add a circulatory system/hypertension injury. The left knee and right hip were admitted; defendant denied the hypertension claim, which was supported only by the reporting of internist Dr. Richard Hyman. Defendant contended Dr. Hyman's reporting was not substantial medical evidence (due to a typographical error reading '2014' instead of '2015' and reliance on a temporary medication increase rather than blood pressure readings), and that its due process rights were violated when the WCJ developed the record without allowing a rebuttal opinion. The WCAB adopted and incorporated the WCJ's report, finding Dr. Hyman's reporting constituted substantial medical evidence showing an 'aggravation and acceleration' of preexisting hypertension (40% industrial / 60% non-industrial), and rejecting the due process argument since defendant had chosen to forego a PQME and never timely requested one. The Board affirmed the February 22, 2021 Findings and Award.

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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