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Esmeralda Chavez — ADJ11886650

ESMERALDA CHAVEZ, Applicant vs. OCEAN VIEW SCHOOL DISTRICT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11886650
Decision date: Oct 19, 2021
District office: Marina del Rey
WCJ: —
Claim administrator: Sedgwick Claims Management Services
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: bilateral shoulders, bilateral wrists, bilateral legs, bilateral feet, bilateral knees, lumbar spine, headaches, high blood pressure, diabetes, psychological (anxiety, depression, insomnia)

LC §5701

Summary

Applicant Esmeralda Chavez, a noon aide, claimed a cumulative trauma injury (9/1/2003 to 9/6/2018) to bilateral shoulders, wrists, legs, and feet, plus headaches, high blood pressure, and diabetes. The WCJ found applicant did not meet her burden of proving injury AOE/COE and ordered her to take nothing, finding the reports of PTP Dr. Bahan and QME Dr. Merino were not substantial evidence. On reconsideration, the WCAB agreed neither medical report constituted substantial evidence—Dr. Merino effectively retreated from his causation opinion at deposition, and Dr. Bahan failed to review records or explain his reasoning. The Board held that a cumulative injury determination requires substantial medical evidence and that none existed in the record. The Board granted reconsideration, rescinded the F&O, and remanded for further development of the medical record.

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.