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Maria Betancourt — ADJ7384117

MARIA BETANCOURT, Applicant vs. GARDEN GROVE UNIFIED SCHOOL DISTRICT, permissibly self-insured, Defendants

ADJ number
ADJ7384117
Decision date
Mar 14, 2019
District office
Los Angeles
WCJ
Lori Alison Oesterreich
Claim administrator
Garden Grove Unified School District (permissibly self-insured)
Commissioners
—

Injury / body parts: lumbar spine, cervical spine, shoulders, psyche, headaches, sleep apnea

LC §3208.3

Summary

Applicant Maria Betancourt, a food service worker, sustained an industrial injury on March 19, 2009 to her cervical and lumbar spine with radiating pain, headaches, sleep apnea, and psyche. At the May 15, 2018 trial, defendant stipulated to the industrial psychiatric injury. After the original Findings and Award omitted psychiatric permanent disability, applicant informally sought correction; defendant responded by challenging psychiatric causation under the 51% threshold. The WCJ issued an Amended Findings and Award including psychiatric PD, and defendant petitioned for reconsideration. The Appeals Board affirmed, holding that defendant's stipulation to psychiatric injury was binding and a belated change of mind based on the same medical evidence (Dr. Feldman's 2014 AME report) did not constitute good cause to be relieved from the stipulation.

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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