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Melida De Magana — ADJ10992726

MELIDA DE MAGANA, Applicant vs. ABM ONSITE SERVICES WEST, INC, permissibly self-insured, administered by ESIS, INC., Defendants

ADJ number: ADJ10992726
Decision date: Apr 26, 2021
District office: Los Angeles
WCJ: —
Claim administrator: ESIS, Inc.
Commissioners: JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: left knee, right knee, bilateral shoulders, bilateral wrists, cervical spine, lumbar spine, right fingers, psyche, neurological system

LC §3600LC §4650LC §4653LC §4655LC §4656LC §5313LC §5701LC §5705LC §5906LC §5908LC §5952CCR §9781CCR §9785

Summary

Applicant Melida De Magana, a janitor, claimed cumulative trauma injury (6/2/2016–6/2/2017) to multiple body parts. The WCJ found injury only to the left knee, no temporary disability, and 18% PD. Applicant sought reconsideration to admit a PTP report and obtain TTD for 6/3/2017–8/22/2018. The Board granted reconsideration, agreed with the WCJ that QME Dr. Johnson's and PTP Dr. Kattar's reports were not substantial evidence on temporary disability and apportionment, and noted inconsistencies between Dr. Johnson's report and applicant's trial testimony. The Board rescinded the F&A and returned the matter to the WCJ to develop the record on body parts injured, PD/apportionment, temporary disability status, and whether termination was for good cause, suggesting an AME or regular physician.

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.