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PanelQMEMed-legalGranted in Part

Monique Vasquez — ADJ13073418

MONIQUE VASQUEZ, Applicant vs. PIH HEALTH WHITTIER HOSPITAL; ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ13073418
Decision date: Jul 18, 2021
District office: Anaheim District Office
WCJ: Howard Lemberg
Claim administrator: Athens Administrators
Commissioners: —

Injury / body parts: thoracic spine, right shoulder, right elbow

CCR §10109

Summary

Applicant Monique Vasquez sustained an admitted cumulative trauma injury to her thoracic spine, right shoulder, and right elbow while employed at PIH Health Whittier Hospital. The WCJ's April 26, 2021 Findings, Award, and Order found temporary disability from 03/18/2020 through 01/13/2021 (less amounts earned and paid) and ordered defendant to authorize an internal medicine consultation. Defendant petitioned for reconsideration arguing the treating physician's reports were not substantial medical evidence. The WCAB granted reconsideration and adopted the WCJ's report, which acknowledged conflicting evidence between applicant's testimony (that she was on leave of absence) and the medical record (indicating subsequent employment at another hospital). The Board rescinded and substituted a new decision deferring temporary disability and attorney fees, remanding for further development of the record, while affirming the obligation to authorize an internal medicine consultation.

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.