WCPanelIQ
PanelDenied

Eva Cach — ADJ11812498

EVA CACH, Applicant vs. TRAINING AND RESEARCH FOUNDATION and CYPRESS INSURANCE CO., administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ11812498
Decision date
May 10, 2021
District office
Anaheim
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Co.)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: face, eye, left shoulder, chest

LC §5952

Summary

Applicant Eva Cach, a teacher, claimed industrial injury to her face, eye, left shoulder, and chest on September 29, 2017. Her condition was deemed permanent and stationary on July 31, 2018, and the claim was settled by Stipulations with Request for Award in January 2019, including 1% permanent disability and future medical treatment. Applicant later filed a Petition to Reopen for New and Further Disability and sought temporary disability benefits from November 2, 2020, ongoing, based on reports from her treating physician Dr. Mealer. The WCJ found applicant was not entitled to temporary disability benefits because there was no substantial medical evidence supporting the award, and applicant sought reconsideration. The WCAB denied reconsideration, holding that the mere fact applicant was receiving medical treatment did not establish temporary total disability and that Dr. Mealer's reports failed to meet the substantial evidence standard of Escobedo v. Marshalls.

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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