WCPanelIQ
PanelQMEMed-legalGranted in Part

Maria Romero — ADJ9458289

MARIA ROMERO, Applicant vs. BLOCK & COMPANY REALTORS dba PORTOLA HOTEL & SPA and TRANSPORTATION INSURANCE COMPANY, administered by CNA CLAIMPLUS, Defendants

ADJ number
ADJ9458289
Decision date
Jun 10, 2021
District office
Salinas
WCJ
—
Claim administrator
CNA ClaimPlus (administering Transportation Insurance Company)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, right shoulder, right upper extremity, back, psyche, head/headaches, bilateral wrists

LC §3600LC §3208.3LC §4663LC §4664LC §5952LC §5815LC §5701LC §5906

Summary

Applicant housekeeper Maria Romero claimed both a specific injury on November 3, 2013, and a cumulative injury, to multiple body parts including psyche. The WCJ found a compensable specific injury AOE/COE to the neck, right shoulder, and right upper extremity, rejected the post-termination defense, found no cumulative injury, and excluded defendant's personnel/disciplinary documents. Both parties sought reconsideration; applicant argued the record supported additional injuries (back, psyche, headaches), while defendant challenged the sufficiency of the medical evidence and alleged due process violations from being denied the right to re-cross applicant and from exclusion of its exhibits. The Board granted applicant's petition, affirming the specific injury finding but amending it to find no psychiatric injury AOE/COE and deferring the headache issue for further development of the record. The Board denied defendant's petition, upholding the WCJ's credibility determination and rejecting the due process claims. The matter was returned to the WCJ for further proceedings on the headache issue.

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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