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Danielle Casarotti — ADJ9341102

DANIELLE CASAROTTI, Applicant vs. CISCO’S MEXICAN RESTAURANT; STAR INSURANCE COMPANY; administered by ILLINOIS MIDWEST INSURANCE AGENCY, Defendants

ADJ number
ADJ9341102
Decision date
May 17, 2021
District office
Van Nuys
WCJ
Clint Feddersen
Claim administrator
Illinois Midwest Insurance Agency (administering for Star Insurance Company)
Commissioners
—

Injury / body parts: brain, neck, back, head, psyche, sleep, eyes

LC §4610CCR §35.5CCR §9792.20CCR §9792.21.1

Summary

Applicant Danielle Casarotti suffered a January 28, 2012 fall from a bar stool while working as a bartender, sustaining injury to her brain, neck, back, head, psyche, sleep, and eyes. After her treating physician Dr. Patterson submitted RFAs for a psychology consult, home health assistance (HHA), transportation services, and Aimovig injections, defendant's UR determination was found untimely (issued 28 days after receipt of the RFA, exceeding the five-working-day limit). The WCJ found the treatment reasonable and necessary under Dubon II and ordered defendant to provide it, with HHA and transportation continuing until a change in circumstances per Patterson v. The Oaks Farm. The WCAB denied defendant's petition for reconsideration, adopting the WCJ's Report, holding the HHA finding was supported by substantial evidence even without applying Patterson, and rejecting defendant's reliance on surveillance video and QME opinions.

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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