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Victoria Nidoy — ADJ12471786

VICTORIA NIDOY, Applicant vs. EISENHOWER MEDICAL CENTER, permissibly self-insured, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ12471786
Decision date: Nov 7, 2021
District office: Riverside
WCJ: —
Claim administrator: Athens Administrators (administering for permissibly self-insured Eisenhower Medical Center)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche

LC §5401LC §5402LC §4062.3LC §5952LC §5701LC §5906

Summary

Applicant Victoria Nidoy, a registered nurse, claimed a psychiatric injury from her employment with Eisenhower Medical Center between July 2017 and May 2018. The WCJ found no compensable psychiatric injury AOE/COE based on the reports and deposition testimony of psychiatric QME Dr. David Reiss. The WCAB granted reconsideration, finding Dr. Reiss's opinions were not substantial evidence because they relied on surmise, speculation, and conjecture about applicant's activity level at a resort in the Philippines, included an improper independent 'Google search,' and were not based on adequate psychiatric/psychological testing. The Board also held the section 5402 presumption of compensability did not apply because no claim form was in evidence. The Board rescinded the F&O and remanded for development of the record through an AME or regular physician, finding it inappropriate for Dr. Reiss to re-evaluate applicant.

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.