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Tamika Mosby — ADJ11495225

TAMIKA MOSBY, Applicant vs. INGLEWOOD UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered by KEENAN & ASSOCIATES, Defendants

ADJ number: ADJ11495225
Decision date: May 12, 2021
District office: Van Nuys
WCJ: Craig A. Glass
Claim administrator: Keenan & Associates (administering for Inglewood Unified School District, Permissibly Self-Insured)
Commissioners: —

Injury / body parts: cervical spine, lumbar spine, left knee, right knee, right shoulder, right elbow, right wrist

LC §4663LC §4664CCR §35CCR §10465

Summary

Applicant Tamika Mosby was struck by a utility cart operated by a co-employee at her Inglewood Unified School District worksite on 8/19/18. The defendant raised AOE/COE and apportionment at trial despite never filing an answer, and the WCJ found a compensable injury with no legal apportionment, relying on the only medical evidence in the record (the jointly-offered PQME reports of Dr. Michael Luciano). The defendant petitioned for reconsideration challenging the applicant's credibility, the substantiality of the medical reporting, and the rejection of apportionment. The WCAB denied reconsideration, adopting the WCJ's report and giving great weight to the WCJ's credibility determinations under Garza. The Board agreed that Dr. Luciano's apportionment opinion—couched in terms of 'the realm of medical probability' and based on undocumented prior injuries—was not substantial medical evidence under Escobedo, and that the defendant failed to meet its burden of proof on apportionment.

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.

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.