WCPanelIQ
PanelQMEMed-legalGranted in Part

Armida Hernandez — ADJ11319185, ADJ11319193

ARMIDA HERNANDEZ, Applicant vs. BEST WESTERN FRONTIER HOTEL; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ11319185, ADJ11319193
Decision date
Oct 21, 2021
District office
San Bernardino
WCJ
Sevan Setian
Claim administrator
Insurance Company of the West
Commissioners
—

Injury / body parts: lumbar spine, thoracic spine, gastritis, hypertension, bladder/urological, diabetes, neck, arms, hands, fingers, wrists, legs, knees, feet, headaches

LC §5900LC §5903LC §5701LC §5906LC §5502CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615CCR §10269CCR §10215CCR §10744

Summary

Applicant Armida Hernandez, a housekeeper, sought reconsideration of an August 27, 2021 Joint Findings and Award, arguing the Board should have developed the record by ordering additional QME panels in internal medicine and urology, and that a clerical error had overstated the permanent disability advances ($14,675.60 instead of $10,475.60). The Board found the petition untimely because it was filed in EAMS at 6:31 p.m. on the last day (September 21, 2021), after the 5:00 p.m. cutoff, depriving the Board of jurisdiction to act on it. Nevertheless, the Board granted reconsideration on its own motion under Labor Code section 5900(b) to correct the award. It amended the PD advance figure to $10,475.60 and corrected the attorney fee provisions, but declined to characterize the benefit change as 'clerical,' calling it a substantive change requiring judicial discretion. The Board denied further development of the record, finding applicant failed to exercise due diligence in obtaining medical evidence of an industrial nexus for internal and urological conditions.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.