BLANCA RODRIGUEZ, Applicant vs. CROWN BUILDING MAINTENANCE, permissibly self-insured, administered by GALLAGHER BASSETT SERVICES, INC., Defendants
ADJ number
ADJ11144910
Decision date
Sep 2, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc.
Commissioners
—
Injury / body parts: left shoulder, neck, back, cervical spine, lumbar spine, left elbow, left wrist, left arm/hand, left hip/leg
LC §3208.1LC §5952LC §5500.5LC §5906
Summary
Applicant Blanca Rodriguez, a janitor employed during a cumulative trauma period of April 7, 2016 through April 7, 2017, sought reconsideration of a June 17, 2021 Findings and Award that found an industrial injury only to the left shoulder (14% PD) but denied industrial injury to the neck and back. The WCJ had relied on the PQME reporting of Dr. Eleby Washington, who attributed the neck condition to aging and the low back to pre-existing complaints. The Board found that neither the PQME nor the primary treating physician (Dr. Ganjianpour) provided substantial medical evidence on the disputed body parts. The Board specifically criticized Dr. Washington for failing to adequately address job duties and for improperly limiting his causation analysis to employment with Crown Building Maintenance rather than the full cumulative trauma exposure period. The Board granted reconsideration, rescinded the Findings and Award, and returned the matter to the trial level to develop the record and issue a new decision.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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