WCPanelIQ
PanelQMEMed-legalGranted in Part

Carlita Miraco — ADJ12012894

CARLITA MIRACO, Applicant vs. COUNTY OF MONTEREY – NATIVIDAD MEDICAL CENTER, permissibly self-insured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC., Defendants

ADJ number
ADJ12012894
Decision date
Sep 16, 2021
District office
Salinas
WCJ
—
Claim administrator
Intercare Holdings Insurance Services, Inc.
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: cervical spine, right shoulder

LC §4657LC §4658.1LC §4658.7LC §5701LC §5906LC §5952

Summary

Applicant Carlita Miraco, a sonographer/ultrasound technologist, claimed cumulative trauma injury to her cervical spine and right shoulder ending August 20, 2018. After being released to trial regular work, she voluntarily left her position at the defendant employer, took a management job at Sunrise Senior Living (which she left because it was not a good fit, not for medical reasons), and later worked part-time as a mammographer earning less than her original wages. The WCJ awarded temporary partial disability indemnity on a wage loss basis (March 5, 2019 - July 6, 2020) and an SJDB voucher. The Board granted reconsideration and affirmed the F&A but amended it to defer the issues of temporary partial disability, the SJDB voucher, and attorney's fees, finding the record lacked substantial evidence on whether wage loss was due to the injury versus lack of work, and on the permanent and stationary/MMI date. The matter was returned to the WCJ for further development of the record, including a supplemental report from QME Dr. Gravina.

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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