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PanelQMELienDenied

Selsa Hernandez — ADJ9757065

SELSA HERNANDEZ, Applicant vs. FJS, INC. dba ANABELLA HOTEL; HARTFORD INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ9757065
Decision date: Nov 29, 2021
District office: Van Nuys
WCJ: Josephine Broussard
Claim administrator: Gallagher Bassett Services, Inc. (for Hartford Insurance Company); Sedgwick CMS (for Everest National Insurance)
Commissioners: —

Injury / body parts: left shoulder, bilateral shoulders

LC §4600LC §4650LC §4903LC §4903.5LC §5300LC §5401LC §5402LC §5405LC §5410LC §5500.5LC §5708CCR §10759CCR §9812CCR §9882

Summary

Applicant Selsa Hernandez sustained a left shoulder injury on December 24, 2009 while pushing a sofa, and filed an Application for Adjudication in 2014. The case-in-chief resolved via a Compromise & Release among four defendants, with defendants reserving contribution/reimbursement rights. Lien claimant Everest National/Sedgwick (carrier for a related cumulative trauma injury, ADJ8838679) sought reimbursement of $27,434.58 from Hartford Insurance for overlapping body parts. The WCJ found Sedgwick entitled to reimbursement, rejected Hartford's arguments regarding exhibit admissibility and the one-year statute of limitations (finding it tolled for failure to provide proper Reynolds notice and that the McDaniel five-year period applied), and the WCAB denied Hartford's Petition for Reconsideration, adopting and incorporating the WCJ's report and opinion.

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.