WCPanelIQ
PanelQMEMed-legalGranted in Part

Belinda Marin — ADJ12380286

BELINDA MARIN, Applicant vs. ROBERT HALF LEGAL, INC., and XL INSURANCE AMERICA, INC., administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ12380286
Decision date
Sep 2, 2021
District office
Long Beach
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for XL Insurance America, Inc.)
Commissioners
PATRICIA A. GARCIA, DEPUTY COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: neck, hands, lungs, psyche, lumbar spine

LC §5952LC §3202.5LC §3600LC §5310LC §5502CCR §10955

Summary

Applicant Belinda Marin, a legal assistant, claimed a cumulative injury to her neck, hands, lungs, and psyche during her May 2015-May 2016 employment with Robert Half Legal. The WCJ found injury AOE/COE to the neck and hands based on QME Dr. Watkin's reports and deposition, and deferred the lung and psyche claims. Defendant sought reconsideration, arguing Dr. Watkin's opinions were not substantial evidence, that any injury resulted from subsequent employment, and that the lung/psyche claims should have been decided against applicant rather than deferred. The Board affirmed the finding of industrial injury to the neck and hands as supported by substantial evidence, holding that aggravation of a pre-existing condition is an industrial injury and that the contribution of subsequent employment goes to apportionment, not AOE/COE. The Board amended the F&O to expressly defer the lung and psyche issues and other benefit issues, finding deferral appropriate under the removal standard.

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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