WCPanelIQ
PanelGranted in Part

Christine Cardone — ADJ9014207

CHRISTINE CARDONE, Applicant vs. COLONY PALMS OPERATIONS, LLC; AMGUARD INSURANCE COMPANY, administered by GUARD INSURANCE, Defendants

ADJ number
ADJ9014207
Decision date
May 13, 2021
District office
Riverside
WCJ
—
Claim administrator
AmGuard Insurance Company, administered by Guard Insurance
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: internal, eyes, neurological, sleep, headaches, psyche, fibromyalgia, rhabdomyolysis

LC §4659LC §4650

Summary

Christine Cardone, a waitress, sustained an industrial injury on July 9, 2013 from heat stroke/exhaustion causing fibromyalgia, rhabdomyolysis, and injuries to internal, eyes, neurological, sleep, headaches, and psyche, resulting in 100% permanent disability without apportionment. Defendant Colony Palms Operations, through AmGuard Insurance, sought reconsideration arguing the WCJ erred in finding total disability, relied improperly on his own opinion about treatment denial, wrongly credited applicant's testimony, and relied on Dr. Friedman's psychiatric reports based on an inaccurate history. The Board adopted the WCJ's Report and denied the Petition for Reconsideration, affirming the 100% PD finding. The Board granted reconsideration only to amend Finding of Fact number 6, applying Brower v. David Jones Construction to make permanent total disability indemnity retroactive to September 22, 2015, the date temporary disability terminated and permanent partial disability advances commenced.

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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