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Maria Padilla — ADJ12322911, ADJ12322933

MARIA PADILLA, Applicant vs. LITTLE CAESARS ENTERPRISES, INC.; STONINGTON INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ12322911, ADJ12322933
Decision date
Date unavailable
District office
Los Angeles
WCJ
Karinneh Aslanian
Claim administrator
Sedgwick Claims Management Services (administering for Stonington Insurance Company)
Commissioners
—

Injury / body parts: head, shoulders, back, legs

LC §5900LC §5903LC §3202.5CCR §10507CCR §10605

Summary

Applicant Maria Padilla claimed two industrial injuries (11/29/18 and 6/29/19) to her head, shoulders, back, and legs while employed by Little Caesar's. After trial, the WCJ found applicant did not sustain her burden of proving injury AOE/COE, finding her testimony not credible and self-serving because she provided false or inaccurate histories to multiple doctors, omitting a concurrent Burger King injury and a 2018 car accident. The PQME, Dr. Amory, reviewed the records and concluded there was no industrial injury. While the WCJ believed the petition was untimely, the WCAB found it timely because defendant was served outside California, extending the filing deadline for all parties under Rule 10605, but nonetheless denied reconsideration on the merits, adopting the WCJ's report and giving great weight to the credibility determination under Garza.

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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