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Ana Escobar — ADJ12893727

ANA ESCOBAR, Applicant vs. WOOD RANCH BBQ & GRILL, INC.; SENTRY INSURANCE, Defendants

ADJ number
ADJ12893727
Decision date
Aug 23, 2021
District office
Santa Ana
WCJ
Oliver Cathey
Claim administrator
Sentry Insurance
Commissioners
—

Injury / body parts: left shoulder

Summary

Applicant Ana Escobar, a prep cook, sustained an admitted left shoulder injury on September 16, 2018. After working modified duty, she resigned from Wood Ranch in December 2019 due to unbearable shoulder pain, worked briefly at Lazy Dog Cafe, was laid off due to COVID-19, then underwent left shoulder arthroscopy on May 22, 2020. The WCJ awarded temporary total disability benefits from May 22, 2020 through the present and continuing, and the defendant petitioned for reconsideration arguing applicant voluntarily quit, was laid off due to COVID, and that no medical evidence supported continuing TTD. The WCAB denied reconsideration, adopting the WCJ's report, finding the resignation was injury-related and could not be treated as a refusal of modified work, that COVID-related inability to accommodate did not relieve the TTD obligation, and that there was no medical evidence in the record finding applicant permanent and stationary.

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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